Delhi High Court

DINESH SAHU v. MUNICIPAL CORPORATION OF DELHI AND ORS

Delhi High Court permits food street vendor to operate as mobile vendor under certificate terms, not at fixed site

The Court disposed of the petition, permitting the petitioner to operate as a mobile vendor if he complies with all Certificate of Vending conditions. This is subject to his representation to TVC-II for a change to stationary category and to any vending plan under Section 21 of the 2014 Act.

Why it matters: A vendor's rights depend on the category in the vending certificate; a mobile vendor cannot claim a fixed vending spot, and no vested rights arise against future vending plans.

Summary written with AI and checked against the judgment text. It is not part of the judgment; read the full text or PDF.

Court: Delhi High Court
Case number: W.P.(C) - 14240/2026
Date of judgment: 2 November 2026
Petitioner / Appellant: DINESH SAHU
Respondent: MUNICIPAL CORPORATION OF DELHI AND ORS
CNR: DLHC010463192026
Outcome: Disposed

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W.P.(C) 14240/2026 Page 1 of 4

$~36

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 2nd November, 2026 Uploaded on: 4th November, 2026 # CNR No. DLHC010463192026 + W.P.(C) 14240/2026 DINESH SAHU .....Petitioner Through: Mr. Aditya, Mr. Vipin Kumar, Ms.

Pralika Chakraborty, Mr. Anjani

Kumar Mishra, Advs.

versus

MUNICIPAL CORPORATION OF DELHI AND ORS

.....Respondents

Through: Ms. Vaishali Gupta and Ms. Manas Parashar, Advs. for R-3.

Ms. Shilpa Ohri, ASC for MCD.

Ms. Vaishali Gupta, Panel Counsel (

Civil ) Gnctd , Mr. Manas Parashar,

Advs. for R-3.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUSTICE DINESH BHATT

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 peacefully vend from the vending site i.e., on the footpath, Aastha Kunj, Road, Kalkaji Mandir Chowk, Kalkaji, New Delhi.

3. The Petitioner claims to be a street vendor carrying out vending

W.P.(C) 14240/2026 Page 2 of 4

activities from the vending site.

4. The Petitioner has been issued a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No. 007566 under the category ‘Food, snack preparation (goods)’ in the Kalkaji Area.

5. The grievance of the Petitioner is that he has been removed by the concerned officials of the Delhi Police on 15th September, 2026, from vending outside the Kalkaji Mandir.

6. Thus, the prayer is that he be permitted to peacefully vend from the vending site.

7. The Court has considered the matter. Considering the fact that the Petitioner’s category is ‘Food, snack preparation (goods)’ , and that the Petitioner is not a stationary street vendor in terms of the CoV, he can only carry out vending activities in accordance with the terms and conditions of the CoV.

8. The terms and conditions of the vending are 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

W.P.(C) 14240/2026 Page 3 of 4

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 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”

9. Subject to the Petitioner complying with all the terms and conditions of vending in the CoV, he is permitted to operate as a mobile vendor.

10. This shall also be subject to the Petitioner making a representation before the TVC-II seeking a change in category and alteration of the same to that of a stationary vendor.

11. Further, the above stated directions shall be subject to any vending 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.

W.P.(C) 14240/2026 Page 4 of 4

12. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH

JUDGE

DINESH BHATT

JUDGE

NOVEMBER 2, 2026

dj/sm