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Rajender vs. Municipal Corporation of Delhi and Ors.

Writ Petition (Civil) · 2026:DHC:7769-DBDecided 10 Sept 2026New Delhi Bench
W.P.(C) 13254/2026CNR: DLHC010429682026
Justice Prathiba M. Singh · Justice Vikas Mahajan

Background

A food-cart vendor holding a provisional vending certificate for "Food/Snacks with gas cylinder/fire" had his vend removed after a fire broke out in the area. Photographs showed he was cooking with a large gas cylinder placed directly on a slab covering a drain, which the municipal corporation (MCD) argued was unsafe both for him and his customers.

Decision Breakdown

The Court agreed with MCD that vending directly on a covered drain with an oversized cylinder was not safe, but held that since the vendor did hold a valid provisional certificate for food vending with a gas cylinder, he was still entitled to vend somewhere safe. It directed MCD's local Assistant Commissioner to find him an alternative space within two weeks, on the condition that he vend from a cart (not directly on the ground), use only a small cylinder, avoid blocking pedestrians or traffic, keep the area clean with a dustbin nearby, and not put up any permanent structure.

Lesson Learnt

A genuine safety hazard can justify removing a vendor from a particular spot, but the fair response is prompt relocation to a safe alternative under sensible conditions, not simply shutting down someone's lawful livelihood.

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