[Cites 5, Cited by 0]
Delhi High Court
Rajnesh Singh vs Municipal Corporation Of Delhi on 19 March, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 19th March, 2026
Uploaded on: 20th March, 2026
+ W.P.(C) 3557/2026
RAJNESH SINGH .....Petitioner
Through: Mr. Sanjay Baniwal, Ms. Manisha and
Mr. R. K. Seewal, Advs.
versus
MUNICIPAL CORPORATION OF DELHI .....Respondent
Through: Ms. Meherunnisa Anand and Mr.
Sirish Gupta Advs. for MCD.
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. Rajnesh Singh
under Article 226 of the Constitution of India, inter alia, seeking directions to
the Municipal Corporation of Delhi (hereinafter, 'MCD') to allow the
Petitioner to peacefully vend from the vending site opposite B-42, Bus Stand,
Block- 10, Malviya Nagar, Delhi- 110017, South Zone, Ward- S- 63
(hereinafter, 'the vending site').
3. The case of the Petitioner is that he is a street vendor who is stated to
be vending from the vending site since before 2014. The Petitioner was issued
a Certificate of Vending (hereinafter, 'CoV') bearing URI No. 2175961 under
the category 'Food/ Snack with Gas Cylinder/ Fire', by the MCD for the
South Zone, Ward S-63.
4. However, the grievance of the Petitioner in the present petition is that
the concerned officials of the MCD are not allowing the Petitioner to
peacefully vend at the vending site.
5. The photograph placed on record by the Petitioner is set out below:
6. Ld. Counsel for the Petitioner also submits that the Petitioner has
disability in the left upper limb. Reliance is placed upon the disability
certificate dated 19th September, 2025 issued by the Madan Mohan Malviya
Hospital, Khirki Extension, Malviya Nagar.
7. On behalf of the Respondent-MCD, Ms. Meherunnisa Anand, ld.
Counsel, has placed on record certain photographs to show that various stools
are placed next to the vend of the Petitioner at the vending site. It is further
shown that the pavement area at the vending site is blocked and garbage has
accumulated and is not being properly cleared by the Petitioner. The requisite
standards of cleanliness and hygiene are not being maintained by the
Petitioner.
8. The photographs placed on record by the MCD are set out below:
Signing Date:20.03.2026
18:00:39
9. The Court has considered the matter. Clearly, there is a bounden
obligation upon persons who are running vends to maintain cleanliness
around the vend and not completely occupy the pavement or the road in front
of the vend.
10. Recently, in a similar matter i.e., in W.P.(C) 19391/2025 titled Mohd
Badruddin v. Municipal Corporation of Delhi & Ors., a vendor with a
provisional CoV, who was also entitled to vend 'Food/Snacks with gas
cylinder/fire', has been exempted by this Court to comply with Condition No.
11 of the CoV.
11. The said Condition No. 11 of the COV 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."
12. After hearing ld. Counsels appearing for the parties and perusing the
CoV of the Petitioner, as also the photographs, this Court is inclined to pass
the similar directions as have been passed in similar matters being W.P.(C)
19391/2025 titled 'Mohd Badruddin v. Municipal Corporation of Delhi &
Ors.', W.P.(C) 15082/2025 titled 'Rajendra Singh v. Commissioner of
Police and Ors'. and in W.P. (C) 1609/2026 titled 'Rihana v. MCD & Ors.'
13. Since the category of the Petitioner is 'Food/ Snack with Gas Cylinder/
Fire', the Petitioner is permitted to run the vend at the vending site, subject to
the following conditions:
i. 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;
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 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;
iv. 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.
v. 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.
vi. No permanent or temporary construction shall also be erected by
the Petitioner.
14. If there is any violation of the aforesaid conditions by the Petitioner and
if the Petitioner puts up stools or does not keep the vending site clean, the
MCD is at liberty to remove the vend of the Petitioner in accordance with law.
15. 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.
16. Let a surprise inspection be conducted by the concerned officials of the
MCD and a compliance report be filed in this regard.
17. The present petition is disposed of in the said terms. Pending
applications, if any, are also disposed of
18. List for compliance on 22nd May, 2026.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MARCH 19, 2026/b/sm
