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2025 DAILYLAW 43115 (DEL)

SANDHYA GUPTA v. MUNICIPAL CORPORATION OF DELHI AND ORS

W.P.(C)/6171/2025 · 2025-05-08

Prathiba M Singh, Rajneesh Kumar Gupta

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6171/2025 SANDHYA GUPTA .....Petitioner Through: Mr. Aditya, Mr. Anjani Kr. Mishra, Mr. Vipin Kumar, Ms. Pralika Chapkraborty and Mr. Kailash Kr. Jha, Advocates. versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr. Tushar Sannu and Ms. Urvi Mohan, Advocates for R/GNCTD. Ms. Ritu Beniwal and Ms. Shubhra Parashar, Advocates for R-5. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 08.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed on behalf of the Petitioner under Article 226 of the Constitution of India inter alia seeking to direct the Respondents to allow the Petitioner to peacefully vend at her vending site and to correct the nomenclature in the column for type of vendor from ‘Food/Snack without Gas Cylinder/Fire’ to ‘Stationary Street vendor’ as detailed in the vending certificate issued to the Petitioner. 3. It is the case of the Petitioner that she is a disabled street vendor who has been selling snacks for several years at a vending site i.e., on the footpath, Opposite Delhi Jal Board Booster Pump, Tughlakabad Extension, Central Zone, Ward-S-82, New Delhi. It is further submitted on her behalf that she has disability to the extent of 40%. The Petitioner was surveyed by the TVC This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:17:17 of South Zone, SDMC and issued a Vending Certificate bearing URI No. 7521453. However, it is the Petitioner’s grievance that Officials of Municipal Corporation of Delhi and Delhi Police have been constantly harassing/disturbing the Petitioner from vending her wares at the said spot. 4. Mr. Aditya, ld. Counsel for the Petitioner, submits that since she is a disabled person, the same may be considered by the Municipal Corporation Delhi (‘MCD’). 5. Mr. Tushar Sannu, ld. Standing Counsel for the Respondent, submits that the Petitioner would not be disturbed so long as she adheres to the conditions to her vending. 6. Under these circumstances, It is directed that the Petitioner shall not be disturbed from vending her wares subject to the condition that she continues to vend in terms of vending certificate and the terms and conditions attached thereto. 7. In so far as any conversion from ‘Food/Snack without Gas Cylinder/Fire’ to ‘Stationary Street vendor’ is concerned, the Petitioner is allowed to submit her documents to the Town Vending Committee (hereinafter ‘TVC’), once the same is constituted. Upon such submission, the TVC shall take a decision in accordance with law. 8. The petition is disposed of in these terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J MAY 8, 2025 v/Ar. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 19:17:17