DINESH SAHU v. MUNICIPAL CORPORATION OF DELHI AND ORS.

W.P.(C) 16734/2026 Page 1 of 5

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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6TH November, 2026 Uploaded On: 10th November, 2026 # CNR No. DLHC010544412026 + W.P.(C) 16734/2026 DINESH SAHU .....Petitioner Through: Mr. Sanjay Baniwal, Advocate.

versus

MUNICIPAL CORPORATION OF DELHI

AND ORS. .....Respondents

Through: Ms Aarushi Tiku, Adv. for MCD.

Ms Latika Malhotra SPC UOI.

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-Dinesh Sahu under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the designated site i.e., near 9 F, Kamla Nagar, Delhi (Kesav Puram, Ward- 78- N).

3. The Petitioner, who is a street vendor has been issued a Certificate of Vending (hereinafter ‘CoV’) bearing URI No. 6691942 by the Municipal Corporation of Delhi (hereinafter, ‘MCD’) in the category of ‘Others’ in the Keshav Puram Zone, Ward- 78N.

4. The photograph of the Petitioner’s vend is set out below:

W.P.(C) 16734/2026 Page 2 of 5

5. The case of the Petitioner is that he is not being allowed to peacefully vend from the designated site near Kamla Nagar area, despite having a provisional CoV.

6. The further case of the Petitioner is that the Petitioner had made a representation dated 19th October, 2026 to the MCD that his category may be changed to ‘Food snack with Gas Cylinder/Fire’. However, the same has not

W.P.(C) 16734/2026 Page 3 of 5

been considered.

7. The Court has considered the matter. The Petitioner is under an obligation to abide by the terms and conditions of the CoV which 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 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.

W.P.(C) 16734/2026 Page 4 of 5

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”

8. The Petitioner is also vending in the Kamla Nagar area, which is a ‘No vending’ zone.

9. Recently, the Court has considered a similar issue in the case i.e., W.P.(C) 7593/2026 titled Anil Kumar v. Municipal Corporation of Delhi and Ors and has passed certain directions.

10. In view of the fact that Kamla Nagar area is held to be a ‘No-Vending Zone’ and ‘Non -Squatting Zone’ as also the order dated 26th May, 2026 passed in Anil Kumar (Supra), the following further directions are issued:

i) The concerned Assistant Commissioner, MCD shall identify an area where the Petitioner can put up his vend within one week and communicate the same to the Petitioner;

ii) The Petitioner shall restrict himself to the area, where he is operating from, and shall not move into No-Vending area. He shall also not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians;

iii) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend; and

W.P.(C) 16734/2026 Page 5 of 5

iv) No permanent or temporary construction shall also be erected by the Petitioner;

11. 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.

12. Subject to the above, the Petitioner shall not be disturbed from carrying out his vending activities.

13. Insofar as the representation dated 19th October, 2026, pertaining to the change of category is concerned, the said issue is to be considered by Town Vending Committee -II, upon being constituted, and the same be decided within three months.

14. No further relief is to be granted to the Petitioner.

15. Petition is disposed of. All pending applications, if any, are also disposed of.

PRATHIBA M. SINGH

JUDGE

DINESH BHATT

JUDGE

NOVEMBER 6, 2026/MR/SM