Ompal v. Chairman, Town Vending Committee And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 29th May, 2026 Uploaded on: 01st June, 2026 + OMPAL .....Petitioner Through:

Mr. Aditya & Mr. Vipin Kumar, Advs.

versus CHAIRMAN, TOWN VENDING COMMITTEE AND ORS.

.....Respondents Through:

Ms. Urvi Mohan, Adv. for GNCTD.

Ms. Puja S Kalra, Standing Counsel for MCD. (M: 9312839323) Mr. Bipul Kumar, GP for R-4,5 UOI/ Delhi Police. (M: 7352406517)

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1.

This hearing has been done through hybrid modes. 2.

This matter has been taken up today as 28th May, 2026 was declared as a holiday on account of Id-ul-Zuha (Bakrid) vide Notification No. 77/I-G4/Genl.-I/DHC dated 26th May, 2026. 3.

The present petition has been filed by the Petitioner- Mr. Ompal under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to issue the Certificate of Vending (hereinafter, 'CoV') to the Petitioner and to allow the Petitioner to peacefully vend from footpath/open space i.e., Rao Tularam Marg, Near Vasant Apartments Road, Opposite Niryat Bhawan, Vasant Vihar, South Zone, New Delhi (hereinafter, 'vending

site') 4.

The case of the Petitioner is that he is a street vendor, who has been selling fruit juice from the vending site. He is stated to have participated in the survey conducted by the South Delhi Municipal Corporation, and was issued an acknowledgement receipt bearing Survey reference No. 9310. The survey was conducted on 9th July, 2025.

5.

The photograph of the Petitioner's vend is set out below:

6.

The submission on behalf of ld. Counsel for the Petitioner is for issuance of CoV and for allowing the Petitioner to peaceful vend from the vending site.

7.

The Court has considered the matter and perused the records. Since the Petitioner has participated in the survey, let the MCD verify the details of the Petitioner and issue provisional CoV to the Petitioner, in accordance with law. 8.

Until then, the Petitioner shall not be disturbed from vending his wares from the vending site, subject to the following conditions: a) 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, until the category of the Petitioner's vending is decided; b) 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;

c) 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.

Subject to the adhering to the above conditions, the Petitioner shall not be disturbed from peacefully vending from the vending site.

11.

The present petition is disposed of in the above terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH JUDGE MADHU JAIN JUDGE MAY 29, 2026/dk/sm