[Cites 1, Cited by 0]
Delhi High Court
Santosh vs Chairman, Town Vending Committee And ... on 24 March, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24th March, 2026.
Uploaded on: 27th March, 2026.
+ W.P.(C) 3753/2026
SANTOSH .....Petitioner
Through: Mr. Aditya, Mr. Vipin Kumar, Mr.
Anjani Kumar Mishra, Mr. Kailash
Kumar Jha, Ms. Pralika Chakraborty,
Mr. Fareeduddin and Ms. Srejal
Mishra, Advs. ((8699723746)).
versus
CHAIRMAN, TOWN VENDING COMMITTEE AND ORS
.....Respondents
Through: Ms. Puja S. Kalra, SC with Mr.
Virendra Singh, Adv. for MCD.
Ms. Vaishali Gupta and Ms. Rashi
Aggarwal, Advs. for R3.
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 under Article 226
of the Constitution of India, inter alia, seeking directions to the Respondents
to issue the Certificate of Vending (hereinafter, 'CoV) to the Petitioner and
allow the Petitioner to peacefully vend from the vending site near the footpath
at Ring Road, near Moti Bagh Gurudwara, Foot over Bridge, South Moti
Bagh, South Zone, New Delhi (hereinafter, '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 many years. As per the Petitioner, he
has participated in the survey which was conducted by the South Delhi
Municipal Corporation on 4th August, 2025. Pursuant to the said survey, he
was issued an acknowledgement receipt bearing URI No. 13785.
4. However, the grievance of the Petitioner in the present petition is that
he is being harassed by the concerned officials of the Municipal Corporation
of Delhi (hereinafter, 'MCD') and Delhi Police and the provisional CoV is
not being issued to the Petitioner.
5. A photograph of vend of the Petitioner has also been placed on record.
The said photograph is extracted below:
6. Ld. Counsel for the Petitioner submits the provisional CoV shall be
issued to the Petitioner and he may be allowed to peacefully vend from the
vending site.
7. Ld. Counsel appearing for the MCD submits that the survey wherein
the Petitioner had participated has in fact concluded in January, 2026. It is
also submitted that the provisional CoVs would be issued after due scrutiny
and verification of documents.
8. Heard. The Petitioner has participated in the survey and has been issued
a receipt. In view of the submissions made by the ld. Counsels for the parties,
let the provisional CoV be issued to the Petitioner subject to fulfilling all the
necessary conditions, in an expeditious manner.
9. In the meantime, the Petitioner shall adhere to the following conditions:
i) The Petitioner shall be permitted to operate his vend, but shall
use a small gas cylinder which does not occupy too much space. It is
made clear that only a small sized gas cylinder for heating of food and
snacks shall be used by the Petitioner;
ii) 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;
iii) 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;
vi) The Petitioner shall ensure that he does not occupy the junction
towards the Ring Road. He shall move towards the internal road to vend
and leave sufficient space for pedestrians;
v No parking of two-wheelers or four-wheelers shall be permitted
in front of the vending site, in order to ensure that no traffic congestion
is caused;
vi) No permanent or temporary construction shall also be erected by
the Petitioner.
10. Subject to adhering to the above stated conditions, the Petitioner shall
not be disturbed from vending at the vending site.
11. The present petition is disposed of in the said terms. Pending
applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MARCH 24, 2026/b/sm
