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Delhi High Court
Sheetal Gupta vs Municipal Corporation Of Delhi And Ors on 16 April, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16th April, 2026
Uploaded on: 18th April, 2026
+ W.P.(C) 5053/2026
SHEETAL GUPTA ...Petitioner
Through: Mr. Aditya, Mr. Anjani Kr. Mishra,
Vipin Kr., Mr. Kailash Kr Jha, Ms.
Pralika Chakraborty, Mr. Fareeduddin,
Ms. Srejal Mishra, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Ms. Puja S Kalra, Standing Counsel
with Mr.Virendra Singh, Advocate for
MCD.
Ms. Vaishali Gupta, Panel Counsel
(Civil ) GNCTD, Mr. Siddharth Arora,
Advocates
Mr. Akhil Mitta, SPC-UOI with Ms.
Riddhi Jain & Ms. Shayna Das
Pattanayak, Advs. for R-4 & 5.
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 by the Petitioner- Mr. Sheetal Gupta
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/open space, Hansraj Gupta Road alongside DDA Park
Wall, Opposite Bharat Petroleum Petrol Pump, Greater Kailash-I, South
Zone, Ward-S-86, New Delhi (hereinafter, 'the vending site').
3. The case of the Petitioner is that he is a street vendor, who has been
selling paan items and water bottles from the vending site for several years.
The Petitioner has been issued a provisional Certificate of Vending
(hereinafter, 'CoV') bearing URI No. 9434943 under the category of 'Others'
for South Zone, Ward S-86.
4. The photograph of the vending site of the Petitioner is set out 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. One of the conditions in the CoV is that he has to be a mobile vendor.
The said condition reads as under:
"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."
7. The Court has considered the matter. After perusing the provision CoV
and the nature of the Petitioner's vend, the Petitioner is permitted to vend from
the vending site, subject to the following conditions:
(i) The Petitioner shall operate his vend in the manner, as is depicted
in the photograph placed before the Court;
(ii) 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;
(iii) The Petitioner shall operate as a mobile vendor only;
(iv) The Petitioner shall maintain cleanliness and hygiene around the
vend which he is working from and shall ensure the presence of a
dustbin near the vend;
(v) No permanent or temporary construction shall also be erected by
the Petitioner.
8. Subject to adhering to the above stated conditions, the Petitioner shall
not be disturbed from vending in the vending area.
9. Petition is disposed of in these terms. All pending applications, if any,
are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
APRIL 16, 2026/Rahul/sm
