INDER PAL v. NEW-DELHI MUNCIPAL COUNCIL AND ORS

W.P.(C) 16026/2026 Page 1 of 11

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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. DLHC010521972026

+ W.P.(C) 16026/2026 & CM APPL. 78126/2026

INDER PAL .....Petitioner

Through: Mr. N.K. Sahoo, Advocate.

Versus

NEW-DELHI MUNCIPAL COUNCIL AND ORS .....Respondents

Through: Mr. Tushar Sannu, Advocate for

NDMC (Through V.C)

Ms. Vaishali Gupta, Panel Counsel

with Mr Manas Parashar, Mr. Ravi

Karhana and Mr. Daman, Advocates

for R-3.

Mr. Ramiee Panday, Advocate for R -

4.

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 issuance of directions to Respondents to allow the Petitioner to vend peacefully from his vending site at Opp. Shop No. 121, Vegetable Market, Sarojini Nagar Market, New Delhi

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on the basis of his provisional Certificate of Vending (hereinafter ‘ CoV’)

bearing no. V2025702487.

3. On the last date of hearing, Notice was issued in this matter and learned Counsel for New Delhi Municipal Council (hereinafter ‘ NDMC’) was directed to take instructions. Ld. Counsel for the Market Association was also ordered to place some additional documents on record.

4. The Court today has heard Mr. N.K. Sahoo, Mr. Tushar Sannu for NDMC and Mr. Anshveer Singh for the Market Association.

5. Ld. Counsel for the Market Association has brought on record certain photographs to show that the petitioner is in fact not squatting in the place where he is claiming to be squatting.

6. He also submits that more than 500 CoVs have been issued in the Sarojini Nagar market and there is hardly any space to even move in the market.

7. Mr. Tushar Sannu, ld. Counsel for NDMC has placed a short affidavit on record where he confirms that provisional CoVs have been issued, however, the final vending site is to be allocated after the final notification of the vending plan by TVC-2.

8. The NDMC’s affidavit states as under:

“2. That by way of the present Petitioner under reply the Petitioner seeks issuance of directions to the Respondents to not disturb/dispossess the Petitioner from his vending site at Opp. Shop No. 121, vegetable Market, Sarojni Nagar Market, New Delhi and to allow him to vend peacefully on the basis of his provisional Certificate of Vending No. V2052702487.

3. That the answering Respondents as recorded in para no. 4 of Order dated 30.10.2026 sought time to seek instructions. That as per the available records, the

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Petitioner had been surveyed and issued provisional certificate of vending on 29.09.2025 for vending in Sarojni Nagar Market area. That the Certificate of Vending issued is provisional in nature. That the final vending site shall be allocated to the Petiti oner post approval and notification of vending plant, after the compliance of extant due proceedings.”

9. Heard the Ld. Counsel for the parties.

10. The provisional CoV of the petitioner bears Vendor ID No.

V2025702487. It is in the category of ‘ others’ and the place of sale vending is simply mentioned as Sarojini Nagar.

11. The Photographs which have been placed by the Petitioner on record, are set out below:

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12. Ld. Cousel for the Petitioner relies upon Section 12 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and also relies upon the survey receipt slip issued by NDMC, which mentions the place of squatting as Opposite Shop No.121, Main Market, Sarojini Nagar Market.

13. The Ld. Counsel for Market Association has placed the following photographs on record which show that the petitioner is not squatting at that site between 01st November, 2026 to 05th November, 2026. The photographs are extracted as below -

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14. In addition, Ld. Counsel has also placed on record a photograph of 01st November, 2026 showing the intense crowding in the Sarojini Nagar market area. The photographs extracted are set out as below-

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15. After having heard the Ld. Counsel for the parties, and perusing the photographs, this Court is concerned with the extent of large crowding that takes place in the Sarojini Nagar market.

16. The photographs show a conflicting image of the site where the petitioner claims to be vending. It is on the side of a tree and almost occupies the entire place which is to be used by the pedestrians.

17. The same is not a vending site which has been specifically allocated to the petitioner.

18. The provisional CoV merely mentions the colony of Sarojini Nagar in general though the survey receipt slip does mention that site where the petitioner was surveyed.

19. Owing to the large amount of crowding and the nature of the vending which is being done by the petitioner, this Court is of the opinion that ends of justice would be met by directing, that the petitioner would vend as a mobile vendor outside the Sarojini Nagar Market but within the Sarojini Nagar colony.

20. However, the Petitioner shall not vend inside the Sarojini Nagar Market area till the TVC -2 finalises the vending plan and a specific site for his vending is decided.

21. The Petitioner shall be bound by the standard terms and conditions of the vending 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

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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.

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”

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22. Subject to this and compliance of the terms and conditions mentioned as above, the petitioner shall not be disturbed.

23. Accordingly, the present petition is disposed of in these terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH

JUDGE

DINESH BHATT

JUDGE

NOVEMBER 6, 2026/Pa/as