Badam Singh And ORS. v. Municipal Corporation Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 29th May, 2026 Uploaded on: 1st June, 2026 + BADAM SINGH AND ORS.

.....Petitioners Through:

Mr. Sanjay Baniwal & Ms. Manisha, Advs.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Appearance not given.

CORAM:

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

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioners seeking issuance of directions to the Respondent to not to disturb the operation of their vending units Near Safeda Park, Labour Chowk, Mayur Vihar, Phase - 3, Shahdara South Zone, Ward - 6E.

3.

Ld. Counsel for the MCD seeks a passover in this matter. However, the same is not possible today.

4.

The Petitioners i.e. Badam Singh, Santosh Kumar and Badlu Chauhan have placed on record their CoVs bearing URI: 1376305, URI: 6488413 and URI: 9306763, respectively.

5.

The CoV of Badam Singh & Santosh Kumar have been issued under the category of Food/snack with Gas Cylinder/Fire. However, the CoV of Badlu Chauhan has been issued under the category of Food/snack without Gas Cylinder/Fire.

6.

The Court has perused the photographs on record which show that the

vending areas are not being kept clean by the respective Petitioners. Further, even the dustbins are not properly provided for. The photographs placed on record by each of the Petitioners are extracted hereunder:

7.

After hearing, ld. Counsel appearing for the Petitioners and upon perusing the provisional CoVs of the Petitioners, as also the photographs on record, with respect to Badam Singh & Santosh Kumar, who have been issued CoV under the category of Food/snack with Gas Cylinder/Fire, this Court is inclined to pass the same directions, as have been passed in similar matters recently, i.e., in W.P.(C) 15082/2025 titled Rajendra Singh v. Commissioner of Police and Ors. vide order dated 2nd February, 2026 and in W.P. (C) 1609/2026 titled Rihana v. MCD & Ors. vide order dated 5th February, 2026.

8.

Thus, in the present petition as well, the Court issues the following directions with respect to Badam Singh & Santosh Kumar: a) The Petitioners shall be permitted to operate their 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 Petitioners;

b) The Petitioners shall restrict themselves to a particular space, where they are operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians; c) The Petitioners shall also be obliged to maintain cleanliness and hygiene around the vend, which they are working from and shall ensure the presence of a dustbin near the vend;

d) Subject to the above, Condition No.11 in the CoV of the Petitioners shall not apply to the Petitioners. The Petitioners shall comply with all the other conditions in the CoV. e) It shall be ensured that the Petitioners shall not create any third party interest in this provisional CoV and there shall be a bar on subletting or any handing over possession to any third party. f) No permanent or temporary construction shall also be erected by the Petitioners.

9.

However, in the case of Badlu Chauhan, who has been issued a CoV under the category of Food/snack without Gas Cylinder/Fire, the petition is disposed of with the direction that he shall strictly abide by the conditions of his CoV, which are as under:

i.

Vendor shall not have any other permanent or long - term vending certificate.

ii.

Vending certificate is non-transferable.

iii.

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

iv.

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

Vendor shall not have any infectious disease. vi.

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

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

viii.

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

ix.

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. x.

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

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

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.

xiii.

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

xiv.

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

xv.

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

xvi.

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

10.

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. 11.

Subject to the adhering to the above conditions the Petitioners shall not be disturbed from peacefully vending.

12.

Petition is disposed of in these terms. All pending applications are also disposed of.

PRATHIBA M. SINGH JUDGE MADHU JAIN JUDGE MAY 29, 2026/Rahul/ss