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2026 DAILYLAW 13221 (DEL)

RAMPRAKASH AND ORS. v. GOVT OF NCT DELHI AND ORS.

W.P.(C)/5899/2026 · 2026-07-23

Prathiba M Singh, Vikas Mahajan

Writ Petition (Civil)body2026

Judgment text

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W.P.(C) 5899/2026 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd July, 2026 Uploaded on: 25th July, 2026 + W.P.(C) 5899/2026 and CM APPL. 28944/2026 RAMPRAKASH AND ORS. .....Petitioners Through: Mr. N.K. Sahoo, Adv. versus GOVT OF NCT DELHI AND ORS. .....Respondents Through: Ms. Mansi Jain, Adv. for MCD. Mr. Debasish Mishra, GP for R-5 & 6. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. This writ petition has been filed by four vendors, details of whom are given below: Sr.No. Name of Vendor COV No. Category Ward Zone 1. Mr. Ram Praksh URI 5970278 Others 78-N Keshav Puram 2. Mr. Arjun Singh URI 5505960 Others 78-N Keshav Puram 3. Mr. Karunesh Kumar URI 6726486 Others 78-N Keshav Puram 4. Mr. Chander Pal URI 6788819 Others 78-N Keshav Puram 3. The said Petitioners are vendors who are vending in Kamla Nagar, Jawahar Nagar, Maurices Nagar and Bunglow Road. 4. Their prayer in this writ petition is that they should be permitted to carry Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 on their trade peacefully, without any obstruction. 5. On the last date of hearing, Certificates of Vending (hereinafter, ‘COVs’) and the photographs of vendors’ sites were not placed on record. 6. Today, the COVs of the Petitioners have been filed, which would show that all of them fall in the category of ‘Others’. The terms and conditions that are prescribed for such vendors are standard in nature and are as under: “Terms & Conditions of the Vending Certificate 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 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 Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 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. Ms. Mansi Jain, ld. Counsel for the MCD was to seek instructions in the matter. 8. On the last date, two photographs were also handed over by the MCD showing the manner in which the Petitioners are vending. The same are extracted below: Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 9. The Petitioners have also filed some photographs of their vends which are extracted below: PETITIONER NO.1 Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 PETITIONER NO.2 Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 PETITIONER NO.3 Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 PETITIONER NO.4 10. In terms of the above images and terms and conditions of the CoVs, the Petitioners are found to be mobile vendors and not stationary vendors. They are also expected to keep the surroundings clean and abide by the terms and conditions of the COV. 11. In the case of some of the Petitioners, they are stated to have made representations to be treated as stationary vendors. Vide order dated 11th September, 2025 in W.P.(C) 9813/2025 titled Ramprakash & Ors. v. GNCTD, direction was given to the MCD to decide their representations Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 Signature Not Verified W.P.(C) 5899/2026 within a period of 12 days. The said order was passed in following terms: “1. Regarding the representation of the petitioner dated 30th April 2025, we have decided the same as prayed in the prayer clause of the petition, in accordance with law. 2. The decision shall be communicated to the petitioner within a period of 12 weeks from today.” 12. The TVC of the MCD is on the verge of being constituted, as the elections are scheduled to be held in August, 2026. 13. Accordingly, the present writ petition is disposed of in the following terms: (i) The Petitioners shall peacefully vend in terms of the provisional COVs as per the terms and conditions extracted above; (ii) The Petitioners shall not make any permanent or temporary constructions at their vending site; (iii) They shall maintain cleanliness around their vend; (iv) They shall not sell any food items or use gas cylinders; (iv) They shall not extend their vends beyond the permissible limits. 14. Subject to the above conditions being followed, the Petitioners’ vends shall not be disturbed. 15. Insofar as the conversion of their vends to stationary vends are concerned, the TVC upon being constituted, shall consider the said representations and decide the same in three months. 16. The above order shall be subject to the decision of TVC-2, which is to take a decision on the total vending plan in the MCD areas of Delhi. Digitally Signed By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15 W.P.(C) 5899/2026 17. No vested rights shall be created by this order and the same shall be subject to the decision of the TVC. 18. The present petition is disposed of in said terms. Pending application, if any, are also disposed of. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE JULY 23, 2026/aj/ss By:DEEPAK SINGH Signing Date:25.07.2026 15:24:15