Mohan Sarup v. Municipal Corporation Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15072/2025 & CM APPL. 62023/2025, CM APPL. 62024/2025 MOHAN SARUP .....Petitioner Through:

Mr. N. K. Sahoo, Adv.

versus MUNICIPAL CORPORATION DELHI AND ORS.

.....Respondents Through:

Ms. Puja S. Kalra, SC (MCD) with Mr.

Virendra Singh, Adv. for MCD.

Mr. Nirvikar Verma, SPC for R-4

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 09.02.2026 1.

This hearing has been done through hybrid mode. 2.

This is a petition filed by the Petitioners, who are father and son, seeking directions to the Respondents to allow the Petitioner to peacefully vend from his vending site i.e., Opposite 11/12 Trikona Park, Old Rajender Nagar, Delhi-60 (hereinafter, 'the vending zone'), without any hindrance being caused by any public official.

3.

Petitioner No.1 holds a Certificate of Vending (hereinafter 'CoV') bearing URI no. 9236227 and the category in the said COV is "Food/Snack with gas cylinder/fire".

4.

Mr. Sahoo, ld. Counsel for the Petitioner submits that he may be granted exemption from mobile vending, as has been done in similar matters, including in W.P.(C) 4051/2025 titled Pankaj Kumar Jha v. Municipal Corporation of Delhi & Ors.

5.

Ms. Kalra, ld. Standing Counsel for MCD, submits that the conditions The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

imposed by this Court in Rajendra Singh v. Commissioner of Police & Ors. in W.P.(C) 15082/2025 vide order dated 2nd February, 2026 be imposed upon Petitioner No. 1 in this case as well.

6.

The Court has considered the matter.

7.

A perusal of the CoV of the Petitioner shows that the Petitioner is entitled to vend 'Food/Snacks with gas cylinder/fire'. Recently, in a similar matter i.e., in W.P.(C) 19391/2025 titled Mohd Badruddin v. Municipal Corporation of Delhi & Ors, a vendor with a provisional CoV, who was also entitled to vend 'Food/Snacks with gas cylinder/fire', has been exempted by this Court to comply with Condition No. 11 of the CoV. 8.

The said Condition No. 11 of the CoV reads as under: "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."

9.

Similar directions as have been passed in W.P.(C) 19391/2025 have also been passed by this Court in W.P.(C) 453/2026 titled Govind Singh Bhandari v. MCD & Ors., wherein the Petitioner was exempted from Condition 11 of the CoV.

10.

Thus, in the present petition as well, the Court deems it appropriate to issue the following directions:

a) 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;

b) 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

obstruction in movement of pedestrians;

c) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend which he is working from and shall ensure the provision of a dustbin near his vend;

d) 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.

11.

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.

12.

It is made clear that this petition or order would not give any right in favour of Petitioner No.2, who is the son of Petitioner No. 1. 13.

The petition is disposed of in these terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

MADHU JAIN, J.

FEBRUARY 9, 2026 b/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.