GOPAL KUMAR SINGH v. NEW DELHI MUNICIPAL COUNCIL & ANR.

W.P.(C) 14811/2026 Page 1 of 4 $~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th October, 2026 Uploaded on: 4th November, 2026 # CNR No. DLHC010482342026 + W.P.(C) 14811/2026 & CM APPL. 69485/2026, CM APPL.

69486/2026

GOPAL KUMAR SINGH .....Petitioner Through: Mr. Bharat Aggarwal, Advocate

versus

NEW DELHI MUNICIPAL COUNCIL & ANR. .....Respondents Through: Mr. Sriharsha Peechara, Standing Counsel With Ms. Akanksha Gupta, Asstt. Standing Counsel for NDMC Mr. Pranav Proothi, Advocate for Market Association

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 Petitioner-Gopal Kumar Singh 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., P-72, Pilanji Village, Sarojini Nagar (NDMC Charge 8 Ward), Delhi-110023 3. The Petitioner, who is a street vendor has been issued a Certificate of Vending (hereinafter ‘ CoV’) bearing Vendor ID No. V2025702243 by the

W.P.(C) 14811/2026 Page 2 of 4 New Delhi Municipal Council (hereinafter, ‘NDMC) in the category of ‘cosmetic items’.

4. The photograph of the vend of the Petitioner has been placed on record, which is extracted below:-

5. The case of the Petitioner is that he is not being allowed to peacefully vend and thus, the prayer is for stopping the harassment which the Petitioner is facing.

6. Mr. Sriharsha Peechara, Standing Counsel appearing on behalf of NDMC submits that the Petitioner is not vending as per the terms and conditions of his COV. The Petitioner was surveyed and he was given a COV in the second phase of the survey by the NDMC. The TVC-II is yet to allot a site to him as the vending plan has not yet been finalized.

7. Ld. Counsel, Mr. Pranav Proothi appearing on behalf of the Market Association submits that the Petitioner is vending in a ‘No-Vending Zone’.

8. The Court has considered the image above and the manner in which the Petitioner is vending and taken the submissions on record that the Petitioner is vending in a ‘No-Squatting Zone’ or ‘No-Vending Zone’. The terms and conditions of vending are extracted below -

W.P.(C) 14811/2026 Page 3 of 4 “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.

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.

W.P.(C) 14811/2026 Page 4 of 4 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. The manner in which the vend has been put up does not appear to be in compliance with the terms and conditions. The vendor is occupying the place where a large tree is present. This kind of hawking would be impermissible.

10. Accordingly, the only relief to which the Petitioner is entitled is that the Petitioner would be allowed to vend as a mobile vendor strictly in accordance with the terms and conditions stipulated above. Subject to the same, his vending activities shall not be disturbed.

11. The petition is disposed of in the above terms. All pending applications, if any, are also disposed of.

PRATHIBA M. SINGH

JUDGE

DINESH BHATT

JUDGE

OCTOBER 29, 2026

‘rs’/as