Delhi High Court
Dileep Kumar vs Municipal Corporation Of Delhi And Ors on 26 May, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 26th May, 2025
+ W.P.(C) 5948/2025
DILEEP KUMAR .....Petitioner
Through: Mr. Aditya, Mr. Vipin Kumar, Ms.
Pralika Chakraborty, Mr. Kailash Kr.
Jha & Ms. Anjani Kr. Mishra, Adv
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Mr. Akhil Mittal, SC, MCD with Mr.
Akhil Mittal, Adv.
Mr. Naginder Benipal, SPC with Mr.
Jaskaran Singh, Mr. Ankit Siwach &
Mr. Udit Vaghela, Advs. for R-3 & 5
Ms. Mansi Jain, Adv.
Mr. Sumit K Batra, Adv.
Mr. Parveen Kumar, SI, PS Kashmere
Gate
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner- Dileep Kumar under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondents to allow the Petitioner to peacefully vend at his designated spot i.e. on the footpath, near Kashmere Gate Metro Station Gate No. 7, ISBT Kashmere Gate, City S.P zone Ward- N-83, New Delhi (hereinafter, 'the vending site').
3. The Petitioner claims that he is vending at the abovementioned vending Signature Not Verified Digitally Signed W.P.(C) 5948/2025 Page 1 of 3 By:KESHAV Signing Date:29.05.2025 16:16:26 site. According to the Petitioner, he has been described as 'Others' in the 'Type of Vendor' column in the Certificate of Vending (hereinafter, 'CoV') bearing URI number 8004320 issued to him.
4. Heard the ld. Counsels for the parties. Considering the facts of the present case and the documents placed on record, let the provisional CoV of the Petitioner be verified by the Respondent. If the Petitioner's CoV is found to be genuine, he shall not be disturbed in his vending so long as he adheres to the terms and conditions of the CoV. The relevant terms and conditions of the vending certificate reads as under:-
"1. Vendor shall not have any other permanent or long- term vending certificate.
2. Vending certificate is non-transferable.
3. It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body.
4. Vendor shall not give his vending certificate on rent in any way.
5. Vendor shall not have any infectious disease.
6. Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health.
7. Vendor shall display copy of vending certificate on his place/vending site and will produce original documents to TVC/concerned inspector whenever required.
8. Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment.
9. Vendor shall not vend/sell any harmful, dangerous and polluted items. It should also be ensured that the quality of the products sold and Signature Not Verified Digitally Signed W.P.(C) 5948/2025 Page 2 of 3 By:KESHAV Signing Date:29.05.2025 16:16:26 services, provided to the public conform to the prescribed standards of public health, hygienic conditions and safety.
10. The street vendor shall not do any unauthorized/illegal activity.
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. Vendors will not block footpaths and will not vend on roads. Vendor should take care of space in front of vending stalls/counters on footpath for pedestrians.
13. Vending certificate can be cancelled or suspended on the basis of violations.
14. Vendor shall not build or construct any kind of permanent or temporary structure at vending site.
15. Seller shall adopt health and hygiene conditions as required by local laws and court orders.
16. Vendor have to follow all the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019"
5. The petition is disposed of in the aforesaid terms. Pending application(s), if any, is also disposed of.
PRATHIBA M. SINGH JUDGE RAJNEESH KUMAR GUPTA JUDGE MAY 26, 2025 kk/ck Signature Not Verified Digitally Signed W.P.(C) 5948/2025 Page 3 of 3 By:KESHAV Signing Date:29.05.2025 16:16:26