W.P.(C) 12330/2026 $~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th August, 2026 Uploaded on: 27th August, 2026 # CNR No. DLHC010397382026 + W.P.(C) 12330/2026 SATISH KUMAR .....Petitioner Through: Mr. Amit Garg and Mr. Yogesh Kumar, Advs. versus MUNICIPAL CORPORATION OF DELHI AND ANOTHER .....Respondents Through: Ms. Namrata Mukim, Standing Counsel with Ms. Niharika Singh, Adv. for MCD. Mr. Hussain Taqvi, Sr. Panel Counsel along with Mr. Waseem and Ms Sanya Prasad, Advs. for R-2. 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 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 at Major Sudesh marg road, adjacent to DESU office, J-Block, Bus stand No.2, Rajouri Garden, Delhi (hereinafter, ‘the vending site’). 3. The case of the Petitioner is that he is a street vendor who has been vending from the said vending site for several years. Digitally Signed By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40 Signature Not Verified W.P.(C) 12330/2026 4. The Petitioner has been issued a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No.4062618 under the category of ‘Food snack with gas cylinder/fire’ for West Zone, Ward-S-5, New Delhi. 5. The photographs of Petitioner’s vend have been placed on record and the same are set out below: Digitally Signed By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40 Signature Not Verified W.P.(C) 12330/2026 6. The case of the Petitioner is that he has been vending from the vending site since several years, and has a provisional CoV, however, he is being regularly harassed by the concerned officials of the Municipal Corporation of Delhi (hereinafter, ‘the MCD’) and the Delhi Police. 7. Further, ld. Counsel for the Petitioner has placed reliance upon order dated 20th July, 2026 passed in W.P.(C) 9676/2026 titled ‘Satya prakash v. MCD and Ors’, to contend that similar orders may be passed as it pertains to the same area near Rajouri garden and the same ward i.e., Ward-S-5, New Delhi. 8. Ms. Namrata Mukim, ld. Standing Counsel for the MCD submits that the Petitioner is vending in a ‘No-vending zone’, and cannot be permitted to vend near the electricity office. 9. Heard the ld. Counsels for the parties. The Court has perused the photographs and the provisional CoV of the Petitioner. It is the case of the MCD that the Petitioner is vending from a ‘No-vending zone’. Digitally Signed By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40 Signature Not Verified W.P.(C) 12330/2026 10. However, the fact remains that the Petitioner has a provisional CoV under the category of ‘Food/Snack with Gas Cylinder/Fire’. 11. This Court has already taken a view in several 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 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. 12. In this background, to protect the livelihood of the Petitioner, the present petition is disposed of in the following terms: (a) The Asst. Commissioner, MCD of the concerned area shall identify an alternate site where the Petitioner can vend, within ten days. The Petitioner shall shift to the said vicinity. (b) Thereafter, 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. Digitally Signed By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40 Signature Not Verified W.P.(C) 12330/2026 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 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” Digitally Signed By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40 Signature Not Verified W.P.(C) 12330/2026 (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 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. 13. 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. 14. Subject to the Petitioner adhering to the above terms and conditions, Petitioner’s vending activities shall not be disturbed. 15. Further, the Court has also noticed the photographs placed on record in Digitally Signed By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40 Signature Not Verified W.P.(C) 12330/2026 the present petition, as also the photographs placed on record in W.P.(C) 9676/2026, which have been extracted in the order dated 20th July, 2026. The said photograph in order dated 20th July, 2026 is set out below: 16. A perusal of the aforesaid photograph as also the photographs placed on record by the Petitioner would reveal that the pavement in the area has been laid in a rather haphazard manner. Several stones have already become dislodged and/or have been uprooted, which poses a potential safety hazard to pedestrians and may result in accidents or injuries. The condition of the pavement also indicates that the same requires immediate attention and appropriate restoration measures, to ensure that the area is safe and accessible for pedestrians. 17. Accordingly, in addition to the conditions imposed qua the Petitioner, it is also directed that the concerned Assistant Commissioner, MCD, shall By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40 W.P.(C) 12330/2026 ensure that the pavement is laid in a proper and uniform manner, and that no stones are left lying on or around the pavement, as the same may cause injury to pedestrians. 18. Subject to the Petitioner adhering to the above terms and conditions, the Petitioner’s vending shall not be disturbed. 19. The petition is disposed of in the above terms. Pending applications, if any, are also disposed of. 20. The Assistant Commissioner, MCD shall file a status report as also photographs in compliance of the present order, by the next date. 21. List for reporting of compliance on 20th November, 2026. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE AUGUST 24, 2026aj/sm By:DEEPAK SINGH Signing Date:27.08.2026 18:20:40