1. Vendor holding provisional Certificate of Vending under a specific category not allowed to vend peacefully. (Para 2 , 3 )
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2026 Supreme(Online)(Del) 20098
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Karan Singh – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 13266/2026
Advocates:
For the Appellants/Petitioners: Mr. Aditya
For the Respondents: Mr. Gaganmeet Singh Sachdeva, Mr. Harshpeet Singh Chadha, Mr. Hridyesh Khanna, Ms. Vaishali Gupta, Ms. Rashi Aggarwal, Mr. SantoshKr.Pandey, Mr. Arvind
For the Appellants/Petitioners: Mr. Aditya
For the Respondents: Mr. Gaganmeet Singh Sachdeva, Mr. Harshpeet Singh Chadha, Mr. Hridyesh Khanna, Ms. Vaishali Gupta, Ms. Rashi Aggarwal, Mr. SantoshKr.Pandey, Mr. Arvind
The Court established that the modification of a street vendor's category falls under the jurisdiction of the Town Vending Committee (TVC), and vendors must strictly comply with the terms of their Certificate of Vending to maintain their right to vend.
Headnote:(A) Street Vending - Certificate of Vending (CoV) - Change of Category - The request to change the vending category to include a gas cylinder is within the exclusive domain of the Town Vending Committee (TVC) and cannot be adjudicated by the Court. (Para 6)
(B) Street Vending - Compliance with Terms - A vendor's right to vend peacefully is subject to strict adherence to the terms and conditions of the vending certificate, specifically ensuring no hindrance to pedestrian and vehicular movement. (Para 7, 8)
(C) Municipal Responsibility - Maintenance of Infrastructure - The Municipal Corporation of Delhi (MCD) is responsible for the repair and maintenance of pavements in the vending area. (Para 10, 11)
Issues: Whether the Petitioner's vending category could be modified by the Court to include a gas cylinder and whether the Petitioner is entitled to peaceful vending subject to the terms of the CoV.
Legal Category Hierarchy
Table of Contents
2. Petitioner sought to vend without hindrance and change vending category; Respondent cited condition against hindrance. (Para 3 , 4 , 5 )
3. Change of category is within domain of TVC; Court cannot permit stationary vending without gas cylinder inclusion. (Para 6 )
4. Change of vending category on a provisional certificate must be decided by the Town Vending Committee, not the court. (Para 6 )
5. Petitioner to abide by terms and conditions; not to be disturbed; MCD to repair pavement. (Para 7 , 8 , 11 , 12 )
6. Can a court change the category of a provisional Certificate of Vending?
No, the change of category on a provisional Certificate of Vending is within the domain of the Town Vending Committee, not the court. (Para 6 )
7. What are the conditions a street vendor must abide by?
A street vendor must abide by the conditions in their vending certificate, including not causing hindrance to pedestrian or vehicular movement. (Para 7 )
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner is a vendor who is issued a provisional Certificate of Vending (CoV) bearing no. URI 011042 under the category “Food/Snacks Preparation(Goods)”. The authorised area of vending is Abul Fazal Enclave.
The Petitioner is stated to be vending from the Open Space, Opposite Gali No. 18, Jagdamba Road Tughlakabad Extn, Abul Fazal Enclave, New Delhi. The photograph of the Petitioner’s vending cart is set out below:
3. The grievance of the Petitioner is that he is not being allowed to peacefully vend at his vending site by the Respondents.
4. Ld. Counsel for the Petitioner has also prayed that the Petitioner’s category may be considered as “Food/Snacks with Gas Cylinder” instead of “Food/Snacks Preparation (Goods)”.
5. Ld. Counsel for the Respondent submits that one of the conditions of vending is that the vendor would not cause any hindrance to pedestrian and vehicular movement.
6. Heard. The category in which the Petitioner’s CoV has been issued, does not include gas cylinder. The same cannot therefore be included by this Court, as change of category is within the domain of the TVC which is in the process of being constituted. Since the CoV does not incorporate ‘gas cylinder’ under the category mentioned, the prayer for stationary vending cannot be permitted. Moreover, this is a matter to be considered by the Town Vending Committee - II.
7. Accordingly, the Petitioner would have to strictly abide by the terms and conditions of vending which are extracted below:
Terms & Conditions of the Vending Certificate
1. Vendor shall not have any other permanent or long-term vending certificate.
2. Vending certificate is non-transferable.
3. It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body.
4. Vendor shall not give his vending certificate on rent in any way.
5. Vendor shall not have any infectious disease.
6. Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health.
7. Vendor shall display copy of vending certificate on his place/vending site and will produce original documents to TVC/concerned inspector whenever required.
8. Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment.
9. Vendor shall not vend/sell any harmful, dangerous and polluted items. It should also be ensured that the quality of the products sold and services provided to the public conform to the prescribed standards of public health, hygienic conditions and safety.
10. The street vendor shall not do any unauthorized/illegal activity.
11. Mobile vendors shall not stay or vend more than 30 minutes or time prescribed .by the TVC at place in a vending/squatting zone.
12. Vendors will not block footpaths and will not vend on roads. Vendor should take care of space in front of vending stalls/counters on footpath for pedestrians.
13. Vending certificate can be cancelled or suspended on the basis of violations.
14. Vendor shall not build or construct any kind of permanent or temporary structure at vending site.
15. Seller shall adopt health and hygiene conditions as required by local laws and court orders.
16. Vendor have to follow all the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019
8. Subject to him abiding by the terms and conditions of vending and maintaining cleanliness in the vend, the Petitioner shall not be disturbed.
9. The above stated directions shall be subject to any plan which the Town Vending Committee–II may be coming up with in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and no vested rights shall be claimed.
10. At this stage, it is expedient to note that after perusing the image of the Petitioner’s vending cart extracted above it also becomes clear that the pavement in the area also re
