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Vijay Das vs. Municipal Corporation of Delhi and Ors.

Writ Petition (Civil) · 2026:DHC:7848-DBDecided 15 Sept 2026New Delhi Bench
W.P.(C) 13401/2026CNR: DLHC010435042026
Justice Prathiba M. Singh · Justice Vikas Mahajan

Background

The petitioner, a street food vendor holding a provisional Certificate of Vending near Adarsh Nagar Metro Station, sought a court direction allowing him to vend peacefully at his usual spot without being disturbed by MCD officials and police. The MCD placed photographs on record showing severe congestion in the service lane next to the metro station and showed the vendor was occupying a much larger area (with side tables, stands and counters) than his certificate permitted.

Decision Breakdown

As in similar vending cases decided the same day, the Court found genuine public congestion justified relocating rather than simply upholding the vendor at his current spot. It directed the MCD's Assistant Commissioner to identify a suitable alternative vending area within two weeks (with the vendor to appear before the Commissioner on a fixed date), and required the vendor to shift there once identified, subject to standard conditions (small gas cylinder only, no permanent structure, cleanliness, no subletting, and relaxation only of the 30-minute time-limit condition).

Lesson Learnt

Where a vendor's chosen spot causes real traffic and pedestrian congestion, courts will protect the vendor's livelihood by directing relocation to a suitable nearby alternative rather than simply confirming the status quo.

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