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Anirudh vs. Commissioner of Police and Ors.

Writ Petition (Civil) · 2026:DHC:7853-DBDecided 15 Sept 2026New Delhi Bench
W.P.(C) 13451/2026CNR: DLHC010436932026
Justice Prathiba M. Singh · Justice Vikas Mahajan

Background

The petitioner, a street vendor holding a provisional Certificate of Vending for a food/snack cart (with gas cylinder) near Kashmere Gate, complained that Municipal Corporation of Delhi (MCD) and Delhi Police officials were repeatedly disturbing him and not letting him vend peacefully despite his provisional certificate. He asked the Court to direct the authorities to let him vend undisturbed at his usual spot on the footpath.

Decision Breakdown

The Court examined photographs of the vending site and found the vendor was operating beside a tree in a space that did not obstruct pedestrians. It permitted him to continue vending subject to conditions: using only a small gas cylinder, not blocking the footpath, keeping the area clean with a dustbin nearby, not creating any permanent structure, and not transferring or subletting the certificate. It relaxed the standard 30-minute time-limit condition but made clear all other Certificate of Vending conditions and the Delhi Street Vendors Scheme, 2019 continue to apply, subject to any future zonal plan by the Town Vending Committee.

Lesson Learnt

A provisional street vending certificate does give a vendor an enforceable, court-protected right to operate at a fixed spot, provided the vending does not obstruct pedestrian or vehicular movement and basic safety/hygiene conditions are followed.

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