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Sona Wati vs. Municipal Corporation of Delhi and Ors.

Writ Petition (Civil) · 2026:DHC:7785-DBDecided 10 Sept 2026New Delhi Bench
W.P.(C) 13296/2026CNR: DLHC010430992026
Justice Prathiba M. Singh · Justice Vikas Mahajan

Background

A woman running a small grocery-and-snacks cart, holding a provisional certificate for "Food/Snack with gas cylinder/fire," said her vending was being disturbed by the municipal corporation. MCD explained that the road at her location was narrow, and that vendors there tended to gather in the evening with extra benches and stools for customers, worsening congestion.

Decision Breakdown

Following the same approach it had taken in other, similar cases decided the same day, the Court directed MCD's local Assistant Commissioner to identify an alternative vending space for her within two weeks, subject to a standard set of conditions: use only a small gas cylinder, avoid blocking pedestrians or vehicles, keep the area clean with a dustbin, put up no permanent structure, and not sublet or hand over the vending spot to anyone else.

Lesson Learnt

Where a vendor is genuinely blocking a narrow public road, the fair balance the courts strike is to relocate, not remove, the vendor's livelihood, provided the vendor keeps to reasonable safety and cleanliness conditions at the new spot.

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