The Delhi High Court has street vendors cannot claim to vend on fixed or stationary vending sites under a provisional certificate of vending, and asked the MCD to verify whether 42 vendors who had approached the court even possessed a provisional certificate of vending.

It said that upon verification if vendors will be permitted to vend as mobile vendors.

The court was hearing a plea by 42 vendors, who claimed to be having provisional Certificates of Vending (CoV), who had sought a direction to the MCD to indicate the exact site where vending is permitted.

A division bench of Justice Prathiba M Singh and Justice Vikas Mahajan in its order noted, that a perusal of the petition would show that only one affidavit of Manik Chand has been filed and only one provisional CoV of Jagdamba Prasad bearing had been placed on record.

The bench noted that a there was a specific direction vide order dated 3rd February, 2025 by which all the Petitioners were directed to file their personal affidavits.

"However, no affidavits have been filed in this regard till date," the bench said. Meanwhile the MCD said that these petitioners are at best mobile vendors and they do not have any identified stationary site which can be allotted to them.

The court thereafter said:

"The photographs which are placed on record would also show that the Petitioners are not vending as mobile vendors but stationary shops and have encroached upon the footpath, the walking area and also creating traffic congestion in the area. The vending sites are also not being maintained in a clean and hygienic manner by the Petitioners.

A perusal of the prayer would show that the Petitioners want to claim fixed sites of vending under provisional CoVs. In the opinion of this Court, this cannot be permitted. The provisional CoVs are all attached with terms and conditions which are applicable to all CoV holders..."

The Court further said that it was also not clear in the present case whether all the Petitioners have provisional COVs or not.

It thus directed the MCD to first "verify" whether all 42 Petitioners herein have provisional CoVs or not and "upon verification", the Petitioners shall be allowed to vend as mobile vendors.

All provisional CoV holders shall abide by the remaining terms and conditions of the CoV. Further, the court said, the Petitioners shall also abide by the following conditions:-

a) The Petitioners shall restrict themselves to a particular space, where they are operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians;

b) The Petitioners shall also be obliged to maintain cleanliness and hygiene around the vend, which they are working from and shall ensure the presence of a dustbin near the vend;

c) The Petitioners shall only carry out vending activities as mobile vendors and shall not sub-let the provisional CoVs issued to them.

d) No permanent or temporary construction shall also be erected by the Petitioners.

The court said that any petitioner or vendor who does not have a provisional CoV or who is not complying with the conditions mentioned in the order would be liable to be removed by the MCD.

The court said that its 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 plea was disposed of.

Case title: MANIK CHAND & ORS. v/s MUNICIPAL CORPORATION OF DELHI AND ANR.

W.P.(C) 13306/2022

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