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High Court of DelhiW.P.(C)/2409/2026

Hawkers Surksha Foundation v. New-Delhi Muncipal Council And ORS.

2026-02-25Hon'Ble Ms. Justice Prathiba M. Singh,Hon'Ble Mr. Justice Madhu Jain3 pages

$~190 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HAWKERS SURKSHA FOUNDATION .....Petitioner Through:

Mr. N.K. Sahoo, Advocate.

versus NEW-DELHI MUNCIPAL COUNCIL AND ORS. .....Respondents Through:

Mr. Sriharsha Peechara, Standing Counsel for NDMC with Mr. Soumit Ganguli, Ms. Ravicha Sharma, Ms.

Shruti Agarwal and Mr. Akash Sharma Advocates (M: 9717466788).

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 25.02.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner - Hawkers Suraksha Foundation under Article 226 of the Constitution of India, inter alia, raising certain grievances to the effect that there are several persons who are ineligible to vend as they have other family members who have already been issued Certificate of Vending (hereinafter, 'COV'). 3.

The case of the Petitioner is that despite the same, such persons are being issued COVs and their vending status has been approved by the New Delhi Municipal Council (hereinafter, 'NDMC'). 4.

Mr. N.K. Sahoo, ld. Counsel for the Petitioner refers to the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 (hereinafter, '2019 Scheme') in which, as per Serial No. 24 of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Annexure A, the family members who are being surveyed have to be mentioned while filing the application form for the survey. 5.

It is the case of the Petitioner that it has made multiple representations giving the details of persons whose family members are already issued COVs and are mentioned as eligible in vendors list. Ld. Counsel for the Petitioner submits that information is not being properly disclosed by such vendors, who are taking this advantage.

6.

One such representation of the Petitioner giving out the details of persons whose family members are already issued COVs dated 28th November, 2025 is on record. The prayer in this petition is for adhering to Section 10 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 read with Clauses 1.1.4 and Sub-Clause (v) and (vi) of Clause 5.1 of the 2019 Scheme.

7.

According to Mr. N.K. Sahoo, ld. Counsel for the Petitioner, the data which is obtained under Clause 1.1.4 of the 2019 Scheme has to be duly verified by the Government. It is his case that under Clause 2.1.23 of the 2019 Scheme, COVs may be cancelled as well, if there are any violations. 8.

The Court has considered the matter. The Court is of the opinion that the issues raised by the Petitioner are the very same issues which the Town Vending Committee (hereinafter, 'TVC') is expected to consider while conducting the survey and by obtaining the data. Obviously, if there is a prohibition on the persons from the same family being given COVs, the same would have to be adhered to by the TVC.

9.

Accordingly, the petition is disposed of with the direction that the representations filed by the Petitioner shall be considered by the NDMC and suitable action shall be taken, in accordance with law. The facts relating to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

various vendors who are in violation shall also be considered before any CoVs are issued to them by the TVC. No further orders are called for. 10.

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

PRATHIBA M. SINGH, J.

MADHU JAIN, J.

FEBRUARY 25, 2026/MR/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.