W.P.(C) 6961/2025 $~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26th May, 2025 + W.P.(C) 6961/2025 JALDHARI JAIN .....Petitioner Through: Mr. Aditya, Mr. Vipin Kumar, Ms. Pralika Chakraborty, Mr. Kailash Kr. Jha & Ms. Anjani Kr. Mishra, Adv versus CHAIRMAN, TOWN VENDING COMMITTEE AND ORS .....Respondents Through: Mr. Viplav Acharya, SPC with Ms. Laavanya Kaushik, Adv. Ms. Mansi Jain, Adv. Ms. Puja S Kalra & Mr. Virendra Singh, Advs. For MCD CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Jaldhari Jain under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondents to issue a Certificate of Vending (hereinafter, ‘CoV’) to the Petitioner and allow the Petitioner to peacefully vend at his designated spot. 3. The case of the Petitioner is that he is a disabled person with visual impairment and total absence of sight. The Petitioner is a vendor selling cold drinks, water bottles, snacks from his place of vending on the footpath on MB Road, beside the boundary wall of Hamdard University, Sangam Vihar, Central Zone, New Delhi. The Petitioner has a disability certificate dated 18th Digitally Signed By:KESHAV Signing Date:29.05.2025 16:16:26 Signature Not Verified W.P.(C) 6961/2025 February 2019 issued by the All India Institute of Medical Science, New Delhi, which has been placed on record which shows that he has permanent disability. 4. The prayer in the present petition is for issuance of CoV. According to the Petitioner, the survey in respect of the Petitioner is already completed and the provisional CoV is yet to be issued. 5. Considering that the Petitioner’s credentials are not in doubt, let a provisional CoV be issued to the Petitioner within thirty days subject to the Petitioner’s documents being verified. 6. In addition, it is directed that the Petitioner shall not be disturbed from the peaceful vending so long as he complies with the terms and conditions of the CoV. The relevant terms and conditions of the CoV reads as under:- “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 Digitally Signed By:KESHAV Signing Date:29.05.2025 16:16:26 Signature Not Verified W.P.(C) 6961/2025 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” 7. The petition is disposed of in the aforesaid terms. Pending application(s), if any, is also disposed of. PRATHIBA M. SINGH JUDGE RAJNEESH KUMAR GUPTA JUDGE MAY 26, 2025 kk/ck By:KESHAV Signing Date:29.05.2025 16:16:26