W.P.(C) 12494/2026 $~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25th August, 2026. Uploaded on: 27th August, 2026 # CNR No. DLHC010402782026 + W.P.(C) 12494/2026 RAHUL SHARMA .....Petitioner Through: Mr. Vipin Kumar, Mr. Aditya, Ms. Anjani Kr. Mishra, Ms. Pralika, Mr. Fareeduddin and Ms. Srejal Mishra, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. ....Respondents Through: Ms. Shilpa Ohri, ASC MCD. Ms. Vaishali Gupta, Panel Counsel (Civil) GNCTD, Ms. Rashi Aggarwal, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN Prathiba M. Singh, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Rahul Sharma 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 on the footpath, Netaji Subhash Marg, near Metro Station Gate No. 4, Lal Qila, City-SP Zone, Ward- 84-N, New Delhi [hereinafter, ‘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 provisional Certificate of Vending [hereinafter, ‘CoV’] bearing URI No. 9301107 under the category of ‘Food/Snack with gas cylinder/fire’ for City- Digitally Signed By:DEVANSHU JOSHI Signing Date:27.08.2026 18:43:47 Signature Not Verified W.P.(C) 12494/2026 SP Zone, Ward -84-N. 4. The photograph of the Petitioner’s vending site is extracted below: 5. The grievance of the Petitioner is that he is being harassed by the concerned officials of the Municipal Corporation of Delhi [hereinafter, ‘MCD’] and Delhi Police, who are not allowing him to peacefully vend from the vending site. 6. Ms. Shilpa Ohri, ld. Counsel for the MCD points out that Netaji Digitally Signed By:DEVANSHU JOSHI Signing Date:27.08.2026 18:43:47 Signature Not Verified W.P.(C) 12494/2026 Subhash Marg is a non-vending zone. 7. Mr. Vipin Kumar, ld. Counsel for the Petitioner has placed reliance upon the recent judgment of the Supreme Court dated 9th April, 2026 in Special Leave Petition (Civil) 21349/2025 titled ‘Malkit Singh and Anr. v. State of U.T. Chandigarh and Ors.’ wherein the Supreme Court observed as under: “[...] 11. While the efforts carried out thus far have apparently borne results and are therefore appreciable, it is a matter of concern for us whether all relevant efforts have been made to regularize such hitherto illegal vendors, including those who are not before us, by granting them space in designated vending zones so as to ensure minimum disruption to their livelihood in the long term. Any action by the State that disrupts this livelihood must therefore be carried out with care, fairness, and a clear sense of responsibility. If vending zones have already been identified and designated, it is not enough for the authorities to simply point to their existence. Removing vendors from familiar locations, even for legitimate public reasons such as easing congestion or improving urban order, creates an immediate need for support. Vending zones are meant to provide a lawful and workable alternative, and that purpose is lost if displaced vendors are left uncertain, uninformed, or unable to access these spaces in practice. Let the State clearly clarify the existing information available at the defined vending zones which in any event have to be acceptable to all concerned. 12. This kind of assistance is not an act of generosity. It reflects a basic respect for the right to earn a living and to carry on a lawful occupation. When vendors are Digitally Signed By:DEVANSHU JOSHI Signing Date:27.08.2026 18:43:47 Signature Not Verified W.P.(C) 12494/2026 removed without any real help in relocating, the hardship caused is out of proportion to the regulatory goal, and such an exercise risks becoming punitive rather than orderly. In essence, if vendors are displaced through encroachment drives and lawful vending zones are available, the State has a duty to actively support their transition to these zones in accordance with the law. Doing so upholds both the spirit of regulation and the human reality of those whose lives depend on street vending. 13. It is also to be recognized that forcible shifting or removal of encroachments, while it may be entirely in accordance with law, disrupts the customer base that comes with the shop being located at a particular area. The State is required to undertake efforts to let residents know that the shops have been shifted, i.e., have awareness drives that would divert the customers to the designated area. Let an affidavit be filed with the relevant details, within two weeks of this order.” 8. In terms of the aforesaid judgement, if the street vendors are vending in a ‘No-vending zone’, the MCD or the concerned authority has a duty to assist them in moving from a ‘No-vending zone’ to a vending zone, so as to provide the street vendors with a workable alternative from where they can earn their livelihood. 9. The Court has considered the matter. After hearing ld. Counsels appearing for the parties and perusing the provisional CoV of the Petitioner, as also the photograph, this Court is inclined to pass the similar directions as have been passed in similar matters wherein, vendors were vending under the category of ‘Food/Snack with gas cylinder/fire’ i.e., in W.P.(C) 15082/2025 titled ‘Rajendra Singh v. Commissioner of Police and Ors.’ vide order dated Digitally Signed By:DEVANSHU JOSHI Signing Date:27.08.2026 18:43:47 Signature Not Verified W.P.(C) 12494/2026 2nd February, 2026, W.P.(C) 19391/2025 titled ‘Mohd Badruddin v. Municipal Corporation of Delhi & Ors.’ vide order dated 8th January, 2026 and in W.P. (C) 1609/2026 titled ‘Rihana v. MCD & Ors.’ vide order dated 5th February, 2026. 10. In this background, to protect the livelihood of the Petitioner, the present petition is disposed of in the following terms: (a) The Petitioner shall abide by the terms and conditions of the provisional CoV, which are 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 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 Digitally Signed By:DEVANSHU JOSHI Signing Date:27.08.2026 18:43:47 Signature Not Verified W.P.(C) 12494/2026 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” (b) 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; (c) The Petitioner shall restrict himself to a particular space which shall not in any manner cause obstruction to the movement of pedestrians or cause any traffic congestion to vehicular traffic on the roads; (d) The Petitioner shall also be obliged to maintain cleanliness and Digitally Signed By:DEVANSHU JOSHI Signing Date:27.08.2026 18:43:47 Signature Not Verified W.P.(C) 12494/2026 hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend; (e) Subject to the above, Condition No.11 in the CoV shall not apply to the Petitioner. The Petitioner shall comply with all the other conditions in the CoV. (f) It shall be ensured that the Petitioner shall not create any third party interest in this provisional CoV and there shall be a bar on sub-letting or any handing over possession to any third party. (g) No permanent or temporary construction shall also be erected by the Petitioner. 11. 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. 12. In addition, in the present case, since the Petitioner is vending at Netaji Subhash Marg, which is a ‘No-vending zone’, the concerned Assistant Commissioner, MCD may identify an appropriate alternative location for the Petitioner, within the permitted vending areas of the same zone, within a period of ten days. 13. Petition is disposed of in these terms. All pending applications, if any, are also disposed of. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE AUGUST 25, 2026/MR/ck By:DEVANSHU JOSHI Signing Date:27.08.2026 18:43:47