Karan Singh vs. Municipal Corporation of Delhi and Ors.
Background
A vendor whose provisional certificate was issued under the "Food/Snacks Preparation (Goods)" category, which does not include a gas cylinder or fire, was vending from a cart and asked the Court to reclassify his certificate to the "Food/Snacks with Gas Cylinder" category so he could sell as a stationary vendor, while also complaining that authorities were disturbing his vending.
Decision Breakdown
The Court held it could not itself change the category printed on his vending certificate, since deciding what category a vendor falls under is the job of the Town Vending Committee, not the courts. It therefore declined the reclassification request and simply directed that, so long as he strictly follows all the standard conditions attached to his existing certificate (no obstruction of pedestrians, hygiene, no permanent structure, etc.), he should not be disturbed. Separately, after reviewing photos of his location, the Court noticed the pavement itself was badly damaged and ordered MCD to repair it and report back.
Lesson Learnt
Courts will enforce a vendor's rights strictly as defined by his existing certificate, but changing the type of vending someone is allowed to do is an administrative decision for the vending committee to make, not something a court will do in place of that process.