W.P.(C)/8410/2026 of BIJENDER Vs MUNICIPAL CORPORATION OF DELHI AND ORS on 23 July 2026

O R D E R

% 23.07.2026

1. This hearing has been done through hybrid mode.

2. None appears on behalf of the Petitioner. Even on the last date, adjournment was sought on behalf of the Petitioner.

3. The case of the Petitioner is that the Petitioner is a vendor, who has a COV bearing URI :7250865 under the Category of ‘Food/Snack with gas cylinder/fire’, for the vending site being Keshav Puram, Ward-78-N.

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

5. The case of the Petitioner, as per the pleadings on record is that the Petitioner is being harassed and not being allowed to peacefully vend. On the last date, adjournment was sought and today, ld. Counsel for MCD has filed a status report.

6. As per the MCD, the vending activities at 12F, Kamla Nagar, Delhi will not be permissible as the same is in no-vending zone. Thus, the Petitioner cannot be permitted to vend there.

7. This Court has already considered a similar matter in Anil Kumar v. MCD, being W.P.(C) 7593/2026. In the said matter, the MCD was directed to identify an alternate site for the concerned vendor.

8. Considering the fact that the category of the Petitioner is ‘Food/Snack with gas cylinder/fire’ and bearing in mind the previous orders passed in similar writ petitions, the Petitioner is permitted to vend, subject to the following conditions:

(i) The Assistant Commissioner, MCD, shall, within two weeks of being approached by the Petitioner, identify an alternate site where the Petitioner can vend. The Petitioner shall not operate from the present site.

(ii) 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 or medium sized gas cylinder for heating of food and snacks shall be used by the Petitioner;

(iii) The Petitioner shall restrict himself to a particular space, where he is operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians;

(iv) 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;

(v) 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.

(vi) 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.

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

9. 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.

10. The officials of the MCD shall inspect the vend of the Petitioner, if required, and if the Petitioner is found to be complying with the conditions of the CoV, he shall be permitted to vend peacefully.

11. Subject to compliance with the above, the Petitioner shall not be disturbed from carrying on vending activities. The above shall, however, be subject to any final decision that the TVC may take upon being constituted.

12. The Petition is disposed of in the above terms. The pending applications are also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 23, 2026/aj Present : Ms. Naina Sharma, Adv. for Petitioner.

13. At this stage, Ms. Naina Sharma, Advocate, has logged-in on behalf of the Petitioner and prays that the petition be dismissed as withdrawn as she has instructions to withdraw the petition.

14. Since the Petitioner is vending in no-vending zone, the Petitioner would not be permitted to vend therein. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 23, 2026/aj/ss