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Judgment
Prathiba M. Singh, J. (Oral)
This hearing has been done through hybrid mode.
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 allow the Petitioner to peacefully vend from the vending site at Gate of NDRF, R.K. Puram, Sector-12, (South Zone, Ward S-66) (hereinafter, ‘vending site’)
The case of the Petitioner is that he is a street vendor, who has been vending from the vending site for several years.
He has been issued a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No. 6676701 under the category of ‘Others’, for South Zone, Ward S-66.
The photograph of the vend of the Petitioner is set out below:
The grievance of the Petitioner is that he is carrying out vending activity pertaining to ‘Food/Snack with Gas Cylinder and Fire’, and it is becoming difficult to carry out the vending activities in the category mentioned in the provisional COV i.e., ‘Others’. In this regard, the Petitioner had also made a representation dated 16th April, 2026 to the MCD.
Accordingly, the Petitioner prays that his category be changed to ‘Food Snacks with Gas Cylinder/Fire’, and he be permitted to operate a stationary vend.
Ld. Counsel for the MCD has placed on record certain photographs, which show that the Petitioner is using a small gas cylinder. It is submitted that the same ought not to be permitted, considering the category of the Petitioner in the provisional CoV.
The photographs placed on record by the MCD are set out below:
The Court has considered the matter and perused the records. The changing of the category of the Petitioner is within the power of the TVC. Accordingly, the representation of the Petitioner shall be considered by the TVC-II, once it is constituted.
Further, the Petitioner shall also abide by the following directions:
The Petitioner shall abide by the terms and conditions of the provisional CoV which is in the category of ‘Others’ which read as under:
The Petitioner shall also ensure that he does not use a gas cylinder, until and unless the category is changed by the TVC-II.
The Petitioner shall maintain cleanliness and hygiene around the vend.
The Petitioner shall not raise any permanent and/or temporary construction.
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.
At this stage, ld. Counsel for the MCD submits that the Petitioner is vending near a CNG petrol pump.
If the same is causing any traffic congestion, Assistant Commissioner, MCD of the concerned Zone shall identify another suitable space/area where the Petitioner can vend.
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.
The petition is disposed of in the above terms. Pending applications, if any, are also disposed of.