$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8993/2026 YOGESH KUMAR .....Petitioner Through: Mr. Aditya, Mr. Vipin Kumar, Ms. Anjani Kumar Mishra and Ms. Pralika Chakraborty, Advocates. versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Ms. Puja S Kalra, Advocate for MCD. Ms. Vaishali Gupta, Panel Counsel (Civil ) Gnctd , Adv. for R-3. Mrs. S.S. Surana (CGSC) with Mr. Waseem Ahmad (Adv.) for R-4 and 5. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 09.07.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site i.e., on the footpath/open space in front of 2038/26, Hardware Shop, beside DDA Park Boundary Wall, Jagdamba Road, Tughlakabad Extension, Central Zone, Ward S-82, New Delhi (hereinafter, ‘the vending site’). 3. The case of the Petitioner is that he is a street vendor who has been vending from the vending site for several years. The Petitioner has been issued a Certificate of Vending (hereinafter, ‘CoV’) bearing URI No. 5594365, 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 14/07/2026 at 11:41:04 under the category of ‘Food/Snack with gas cylinder/fire’ for Central Zone Ward-S-82, New Delhi. 4. The photograph of the vending site of the Petitioner is extracted below: 5. The submission on behalf of ld. Counsel for the Petitioner is that the concerned officials of the Municipal Corporation of Delhi (hereinafter, ‘MCD’) and Delhi Police are causing disturbance to the Petitioner and not allowing him to peacefully carry out his vending activities. 6. The submission on behalf of Ms. Puja S. Kalra, ld. Counsel for the MCD is that the Petitioner is not adhering to the terms and condition of the 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 14/07/2026 at 11:41:04 CoV and is occupying more space than is permitted. 7. The Court has considered the matter. After hearing ld. Counsels appearing for the parties and perusing the CoV of the Petitioner, as also the photograph, this Court is inclined to pass the similar directions as have been passed in similar matters being W.P.(C) 19391/2025 titled ‘Mohd Badruddin v. Municipal Corporation of Delhi & Ors.’, W.P.(C) 15082/2025 titled ‘Rajendra Singh v. Commissioner of Police and Ors’. and in W.P. (C) 1609/2026 titled ‘Rihana v. MCD & Ors.’ 8. Since the category of the Petitioner is 'Food/ Snack with Gas Cylinder/ Fire', the Petitioner is permitted to run the vend at the vending site, subject to the following conditions: i. The Petitioner shall be permitted to operate his vend, but shall use a gas cylinder which does not occupy too much space. It is made clear that only a small gas cylinder for heating of food and snacks shall be used by the Petitioner; ii. 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; iii. The Petitioner shall also maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend; iv. It shall be ensured that the Petitioner shall not create any third-party interest in this CoV and there shall be a bar on sub-letting or any handing over possession to any third party. v. No permanent or temporary construction shall also be erected by the Petitioner. 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 14/07/2026 at 11:41:04 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. Subject to the adhering to the above conditions, the Petitioner shall not be disturbed from peacefully vending. 11. The present petition is disposed of in said terms. All pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 9, 2026/MR/SM 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 14/07/2026 at 11:41:04