W.P.(C) 13451/2026 $~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15th September, 2026 Uploaded on: 17th September, 2026 # CNR No. DLHC010436932026 + W.P.(C) 13451/2026 ANIRUDH .....Petitioner Through: Mr. Aditya, Mr. Anjani Kumar Mishra, Mr. Vipin Kumar, Ms. Pralika Chakraborty and Mr. Fareeduddin, Advs. versus COMMISSIONER OF POLICE AND ORS .....Respondents Through: Mr. Amit Dogra, SPC with Mr. Dhruv Sharma, Adv. for R-1 and R-2. Mr. Pritish Sabharwal and Ms. Shilpa Ohri, Advs. for MCD Ms. Aanchal Rajput, Adv. for R- 5/GNCTD. 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, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site i.e., on the Footpath, in front of HP Petrol Pump, Shyamnath Marg, Kashmere Gate, City SP Zone, Ward-83-N, New Delhi (hereinafter “the vending site”). 3. The Petitioner is a street vendor who has been vending from vending site for several years. 4. The Petitioner holds a provisional Certificate of Vending (hereinafter, Digitally Signed By:DEEPAK SINGH Signing Date:17.09.2026 18:32:51 Signature Not Verified W.P.(C) 13451/2026 ‘CoV’) bearing URI No. 7595053 under the category of “Food/Snack with gas cylinder/fire” for City SP Zone, Ward 83-N. 5. The photographs of the vending site of the Petitioner are set out below: 6. The grievance of the Petitioner is that, despite having a provisional Digitally Signed By:DEEPAK SINGH Signing Date:17.09.2026 18:32:51 Signature Not Verified W.P.(C) 13451/2026 CoV, he is being repeatedly disturbed by the officials of the Municipal Corporation of Delhi (hereinafter, ‘MCD’) and the Delhi Police, and not being allowed to conduct his vending activities peacefully. 7. The submission on behalf of the Petitioner is that he should be permitted to vend on the footpath at the fixed vending site. 8. The ld. Counsel appearing on behalf of the MCD opposes the same and submits that the Petitioner cannot be permitted to vend on the footpath. 9. Heard. The Court has perused the photographs on record, which shows that the Petitioner is vending next to a tree, where there is a space beside the footpath, and the manner in which the Petitioner is vending does not appear to be causing any obstruction to pedestrians. However, the Petitioner shall ensure that the gas cylinder is small in size and is placed on the cart, and that he does not occupy any space beyond what is reflected in the photographs placed above. 10. Further, this Court is inclined to pass similar directions as have been passed in similar matters recently, wherein, vendors are 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 05th February, 2026. 11. 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: Digitally Signed By:DEEPAK SINGH Signing Date:17.09.2026 18:32:51 Signature Not Verified W.P.(C) 13451/2026 “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 vending stalls/counters on footpath for pedestrians. 13. Vending certificate can be cancelled or suspended on the Digitally Signed By:DEEPAK SINGH Signing Date:17.09.2026 18:32:51 Signature Not Verified W.P.(C) 13451/2026 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 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. Digitally Signed By:DEEPAK SINGH Signing Date:17.09.2026 18:32:51 W.P.(C) 13451/2026 12. 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. 13. Subject to the Petitioner adhering to the above terms and conditions, Petitioner’s vending activities shall not be disturbed. 14. The petition is disposed of in these terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE SEPTEMBER 15, 2026 nsa/sm By:DEEPAK SINGH Signing Date:17.09.2026 18:32:51