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Mohammed Islam vs. Municipal Corporation of Delhi and Ors.

Writ Petition (Civil) · 2026:DHC:7856-DBDecided 15 Sept 2026New Delhi Bench
W.P.(C) 13457/2026CNR: DLHC010437052026
Justice Prathiba M. Singh · Justice Vikas Mahajan

Background

The petitioner, a street food vendor holding a provisional Certificate of Vending near GTB Nagar Metro Station, sought a direction allowing him to vend peacefully at his usual spot, alleging harassment by MCD and police. MCD placed photographs on record showing the area was badly congested and that the vendor was occupying far more space than his certificate allowed.

Decision Breakdown

The Court found the photographic evidence showed genuine congestion in the service lane, with the vendor occupying a larger footprint than permitted. Rather than simply permitting him to continue at the same spot, it directed the MCD's Assistant Commissioner to identify, within two weeks, an alternative suitable vending space that would not cause obstruction, and directed the vendor to shift there once identified, subject to the same standard conditions applied in similar cases (small gas cylinder, no permanent structure, hygiene, no subletting, etc.). The police were directed to help keep the metro station area free of congestion.

Lesson Learnt

A vendor's right to a fixed vending certificate does not guarantee the exact same physical spot forever, where genuine public congestion is shown, courts can direct relocation to another suitable nearby space rather than simply upholding the status quo.

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