[Cites 3, Cited by 0]
Delhi High Court
Arjun vs Municipal Corporation Of Delhi And Ors on 16 April, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 16th April, 2026
Uploaded on: 17th April, 2026
+ W.P.(C) 4951/2026
ARJUN .....Petitioner
Through: Mr. Swagata Gupta, Mr. Kamlesh Kr.
Mishra, Mr. Piyush Singh and Ms
Renu, Advocates (M: 8013313825).
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Ms. Meherunnisa Anand Advocate for
R-1 and 2 (M: 9717100486).
Ms. Shubhi Bhardwaj SPC with Ms.
Archana Kumari, Advocate for UOI
(M: 8368257877).
Ms. Shubhi Bhardwaj(SPC) with Ms.
Archana Kumari(GP) for R-2 and 3
(M: 9999366454).
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed seeking, inter alia, directions to the
Respondents to allow the Petitioner to peacefully vend at his allotted site
being near the vacant land, on the pavement of the service road, near Atma
Ram Sanatan Dharm College, near bus stand, South Zone, Ward S-64.
3. The Petitioner operates his vend in the name of Shiv Chaat Bhandar at
the allotted site.
4. According to the Petitioner, he has a Certificate of Vending bearing
URI:4730768, with the category "Food/ Snacks with gas cylinder/fire".
5. The photographs of the Petitioner's vend have been placed on record.
The Petitioner's vending site is near the metro station i.e., Durga Bhai
Deshmukh, South Campus Metro station.
6. The Petitioner's case is that he is being perpetually harassed by the
officials and the police, and therefore, he states that he may be allowed to
vend at his allotted site with the waiver of the condition in respect of mobile
vending.
7. Ms. Meherunnisa Anand, ld. Counsel for the MCD, on the other hand,
has handed across certain photographs of the Petitioner's vend and submits
that the place where the Petitioner is vending is a sensitive area. It is also
submitted that the manner in which the Petitioner parks his mobile vend also
affects the ingress and egress of the people who are accessing the metro
station.
8. It is her submission that the concerned area is also a sensitive area,
where there are several foreign delegations and other VIPs living, due to
which sometimes the police are compelled to move the Petitioner's cart for
security reasons.
9. The photographs of the vend of the Petitioner have also been placed on
record, some of which are as under:-
10. The ld. Counsel for the Petitioner submits in response that the
Petitioner, having a provisional Certificate of Vending, would operate from
the by-lane with which he is already familiar.
11. The Court has considered the matter. Insofar as mobile vends which are
under the category of "Food/ Snacks with gas cylinder/ fire" are concerned,
this Court has already passed several orders imposing various conditions upon
such vendors in W.P.(C) 15082/2025 titled Rajendra Singh v. Commissioner
of Police and Ors. vide order dated 2nd February, 2026 and in W.P. (C)
1609/2026 titled Rihana v. MCD & Ors. vide order dated 5th February, 2026.
Similar conditions would also be applicable in the present case. Accordingly,
the present petition is disposed of with the following directions:-
a) The Petitioner shall not park his mobile cart vend outside the Durga
Bhai Deshmukh, South Campus metro station, but shall operate from
the by-lane.
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 or medium sized gas cylinder for heating of food and
snacks shall be used by the Petitioner;
c) 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;
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 Certificate of Vending
shall not apply to the Petitioner. The Petitioner shall comply with all
the other conditions in the Certificate of Vending.
f) It shall be ensured that the Petitioner shall not create any third party
interest in this provisional Certificate of Vending 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.
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 above conditions being adhered to, the police authorities
and the officials of the MCD would not harass the Petitioner or cause any
impediment in his vending.
14. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
APRIL 16, 2026
MR/msh
