Mahipal Singh v. Municipal Corporation of Delhi and Ors

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24th August, 2026 Uploaded on: 27th August, 2026 # CNR No. DLHC010397652026 + MAHIPAL SINGH .....Petitioner Through: Mr. Aditya, Adv. versus MUNICIPAL CORPORATION OF DELHI AND ORS ....Respondents Through: Ms. Shilpa Ohri, Additional Standing Counsel, MCD. Ms. Vaishali Gupta, Panel Counsel (Civil), GNCTD with Ms. Rashi Aggarwal, Adv. for R-3. Mr. Amit Dogra SPC with Mr. Manish Rawat, GP and Mr. Mohit Bokoliya, Adv. for R-4. Mr. Shashi Pratap Singh, Ms. Anamika Tyagi, Ms. Laqshyaa Saluja, Advs. for DDA. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN Prathiba M. Singh, J. (Oral)

¶1This hearing has been done through hybrid mode.

¶2The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site on the Footpath/Open Space opposite Vishwa Sadan Building, near Satyam Cinema, District Center, Janakpuri, West Zone, Ward-S-15, New Delhi (hereinafter, 'the vending site').

¶3The case of the Petitioner is that he is a street vendor who has been vending from the said vending site for several years.

¶4The Petitioner has been issued a provisional Certificate of Vending (hereinafter, 'CoV') bearing URI No. 2337592 under the category of 'Food snack with gas cylinder/fire' for West Zone, Ward-S-15, New Delhi.

¶5The photograph of Petitioner's vend has been placed on record and is set out below:

¶6The grievance of the Petitioner is that his cart was removed on 22nd July, 2026, and the Municipal Corporation of Delhi (hereinafter, 'MCD') has imposed a fine of Rs.10,000/- for returning the cart and all the perishable items.

¶7Further, it is also submitted by Mr. Aditya, ld. Counsel for the Petitioner that he is not being permitted to peacefully vend from the vending site, and his vending activities have been obstructed by the concerned officials of the MCD and Delhi Police.

¶8On the other hand, Ms. Shilpa Ohri, ld. Additional Standing Counsel for the MCD, submits that the Petitioner is vending inside the District Centre, Janakpuri and is also not vending in terms of his provisional CoV.

¶9Further, it is also submitted by ld. ASC that the Petitioner is selling fruit juices, sliced fruits, etc., for which a separate licence is required, whereas the Petitioner was only permitted to sell food/snack items in terms of the provisional CoV, which does not include cut fruits.

¶10Furthermore, it is also contended that the Petitioner was also not maintaining cleanliness and hygiene, and was encroaching on the footpath of the said area.

¶11Thus, it is the case of the MCD that a special encroachment drive was undertaken to remove the vendors from the footpath.

¶12The Court has heard the ld. Counsels for the parties. The photographs placed on record by the MCD have been extracted below:

¶13A perusal of the above photographs would, in fact, show that there is enormous litter at the site and that the Petitioner was not abiding by the terms and conditions of the provisional CoV.

¶14Under these circumstances, the Court is not inclined to interfere with the removal of the cart or the imposition of the fine upon the Petitioner. However, since the Petitioner is in possession of a provisional CoV, he is permitted to vend strictly in accordance with the terms and conditions stipulated therein, within the West Zone, Ward S-15.

¶15Further, since the category of the Petitioner is 'Food/Snack Gas Cylinder with Fire', the Petitioner shall also abide by similar terms and conditions as have been passed in similar matters, where vendors were vending under the category of 'Food/Snack with gas cylinder/fire' i.e., in W.P.(C) 15082/2025 titled 'Rajendra Singh v. Commissioner of Police and Ors.' vide order dated 2nd February, 2026, W.P.(C) 19391/2025 titled 'Mohd Badruddin v. Municipal Corporation of Delhi & Ors.' vide order dated 8th January, 2026 and in W.P. (C) 1609/2026 titled 'Rihana v. MCD & Ors.' vide order dated 5th February, 2026.

¶16In this background, to protect the livelihood of the Petitioner, the present petition is disposed of in the following terms:

(a) The Petitioner shall abide by the terms and conditions of the provisional CoV, which are as under: "1. Vendor shall not have any other permanent or long-term vending certificate.

¶2Vending certificate is non-transferable.

¶3It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body.

¶4Vendor shall not give his vending certificate on rent in any way.

¶5Vendor shall not have any infectious disease.

¶6Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health.

¶7Vendor shall display copy of vending certificate on his place/vending site and will produce original documents to TVC/concerned inspector whenever required.

¶8Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment.

¶9Vendor 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.

¶10The street vendor shall not do any unauthorized/illegal activity.

¶11Mobile vendors shall not stay or vend more than 30 minutes or time prescribed by the TVC at place in a vending/squatting zone.

¶12Vendors 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.

¶13Vending certificate can be cancelled or suspended on the basis of violations.

¶14Vendor shall not build or construct any kind of permanent or temporary structure at vending site.

¶15Seller shall adopt health and hygiene conditions as required by local laws and court orders.

¶16Vendor have to follow all the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019"

(b) The Petitioner shall be permitted to operate his vend, but shall use a gas cylinder which does not occupy too much space. It is made clear that only a small gas cylinder for heating of food and snacks shall be used by the Petitioner;

(c) The Petitioner shall restrict himself to a particular space which shall not in any manner cause obstruction to the movement of pedestrians or cause any traffic congestion to vehicular traffic on the roads;

(d) 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;

(e) Subject to the above, Condition No.11 in the CoV shall not apply to the Petitioner. The Petitioner shall comply with all the other conditions in the CoV.

(f) It shall be ensured that the Petitioner shall not create any third party interest in this provisional CoV and there shall be a bar on sub-letting or any handing over possession to any third party.

(g) No permanent or temporary construction shall also be erected by the Petitioner.

¶17The 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.

¶18Since the provisional CoV recognizes that the Petitioner can vend in the West Zone, Ward S-15, the concerned Assistant Commissioner, MCD shall identify an alternate space for the Petitioner for vending, which shall be in a vending zone, within a period of two weeks, from this order.

¶19Subject to the Petitioner adhering to the above terms and conditions, the Petitioner's vending activities shall not be disturbed.

¶20The petition is disposed of in the above terms. The pending applications, if any, are also disposed of. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE AUGUST 24, 2026/aj/sm