The spouse of a deceased street vendor is entitled to continue vending and apply for the transfer of the Certificate of Vending (CoV) as a legal heir to ensure the family's livelihood, pursuant to the Street Vendors Act, 2014.

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioner is a street vendor selling snacks and packaged water from a cart near Sarai Kale Khan Metro Station, Gate No. 2, Railway Road, New Delhi (hereinafter “vending site”).

3. The Petitioner’s husband, namely, late Shri. Laxmi Narayan Shahu was the holder of the provisional Certificate of Vending (CoV) having URI No. 9743476 under the category of “Others” with authorised vending area being Central Zone, Ward S - 56.

4. The case of the Petitioner is that her husband had passed away on 3rd September, 2024 and thereafter she had made a representation on 19th August, 2026 for transfer of the provisional CoV in her name. In respect of the same, certain challans and other representations filed by the Petitioner are placed on record.

5. The image of the Petitioner’s cart is set out below:-

6. The submission of ld. Counsel for the Petitioner is that the Petitioner who is the wife of the provisional CoV holder may be permitted to vend peacefully during the pendency of the application for transfer of the CoV in her name.

7. Ld. Counsel for the Petitioner further relies upon Clauses 2.1.2 and 2.1.12 of the Government of National Capital Territory of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 in support of her case.

8. Ms. Mukim, ld. Standing Counsel for the MCD, on the other hand, submits that in terms of Clause 2.1.1 of the 2016 Scheme the TVC has jurisdiction to deal with the transfer of CoV.

9. Heard. The Petitioner has placed on record the copy of the provisional CoV dated 6th November, 2021 and death certificate of the Petitioner’s husband.

10. In terms of Section 5(2)(a) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, (hereinafter “the Act”) whenever a street vendor, to whom a certificate of vending was issued, dies or suffers from any permanent disability, in his place one of the other family members including the spouse may vend. Section 5(2) of the Act is set out below:-

“5. Conditions for issue of certificate of vending:

[...]

(2) Where a street vendor to whom a certificate of vending is issued dies or suffers from any permanent disability or is ill, one of his family member in following order of priority, may vend in his place, till the validity of the certificate of vending—

(a) spouse of the street vendor;

(b) dependent child of the street vendors”

11. Further, Clauses 2.1.2 and 2.1.12 of the 2016 Scheme are extracted below:-

“2.1.2 COV shall be issued in the name of registered street vendor (individual only) and shall be non-transferable except in the case of incapacity, insanity and demise of the registered vendor.

2.1.12 In case of death or incapacitation of the registered street vendor, the legal heir(s) or a surviving parent of the vendor in case the registered vendor’s age is below 18 years may apply to the TVC for transfer of registration/or the COV in the name of the legal heir(s) or legal guardian(s) provided he/she has no other means of livelihood. There shall be no change in the date of expiry of the COV in case transfer is allowed.”

12. A conjoint reading of the provisions of the Act and the 2016 Scheme make it clear that the spouse of the CoV holder would be considered as a legal heir in order to continue the vending business as it would be a matter of livelihood for the family.

13. It is common knowledge that the TVC-2 of the MCD is in the process of being constituted. Under these circumstances, the following directions are issued:-

i) The Petitioner shall continue to vend strictly in terms of the provisional COV conditions which are extracted below:-

“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 certi