The Court held that street vendors must strictly adhere to the conditions of their Provisional Certificate of Vending, balancing the right to livelihood with the public's right to unobstructed traffic and hygiene, subject to the regulations of the Town Vending Committee.

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioner in the present case is a two-wheeler mechanic holding a Provisional Certificate of Vending bearing URI:7832631 (hereinafter, ‘COV’) with permission to vend in the South Zone, Ward S-62.

3. The case of the Petitioner is that he has been vending on the footpath/open space at Chaudhary Dilip Singh Marg, Near Pressto, R-Block, Hauz Khas, South Zone, Wards S-62, New Delhi, however, he is not being allowed to peacefully vend.

4. On behalf of the MCD, ld. Standing Counsel submits that the Petitioner, despite holding the COV under the category of ‘Others’, and despite Condition 11 of his COV, is not operating as a mobile vendor and has a proper cupboard and almirah situated on the footpath.

5. It is further stated that cleanliness is also not being maintained by the Petitioner around his vend and the location of the Petitioner’s vend is such that it creates a traffic condition in the area.

6. On behalf of the Petitioner, it is submitted that the Petitioner is vending at a vending zone and ought not to be disturbed from his site.

7. The Court has heard the ld. Counsels for the parties and has perused the pictures of the Petitioner’s vend along with the vicinity, which are also set out below:

8. Clearly, a perusal of the same would show that it is not a mobile mechanic shop but a stationary shop, which is not permissible in terms of the CoV issued to Petitioner. Moreover, even cleanliness is not maintained by the Petitioner in the area where he is vending.

9. In the opinion of this Court, the kind of vend being run by the Petitioner would be needed by the commuters on the said road, however, it is also important to ensure that there is no congestion caused and the traffic can move smoothly. Accordingly, the following directions are issued in this case:

i) The Petitioner shall strictly abide by the terms and conditions of the Provisional CoV which are set out below:

ii) The Petitioner shall be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend;

iii) In addition to this, the Petitioner shall approach the Assistant Commissioner, MCD on 8th October, 2026 at 2:00 p.m. On the said date, the concerned Assistant Commissioner, MCD, shall identify a space where the Petitioner can vend in the same vicinity itself, i.e. near Chaudhary Dilip Singh Marg, Near Pressto, R-Block, Hauz Khas, South Zone, Wards S-62, New Delhi.

iv) After the vending site is identified, the Petitioner shall restrict himself to a particular space where he is operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians;

v) It shall be ensured that the Petitioner shall not create any third party interest in this provisional CoV and there shall be a bar on sub-letting or any handing over possession to any third party.

vi) No permanent or temporary construction shall also be erected by the Petitioner.

10. Considering the profession of the Petitioner i.e., a two-wheeler mechanic, his services may be required by many two-wheeler owners, etc. who may be commuting in the said area. Accordingly, he should be allocated a spot that is visible to the passers-by commuters, where his services can be rendered.

11. Upon the Assistant Commissioner , MCD, identifying the space, the Petitioner is permitted to vend and render his mechanic services to two-wheelers commuters, as per the terms and conditions of the CoV.

12. 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.

13. Petition is disposed of in these terms. All pending applications, if any, are also disposed of.