While striking a balance between the individual’s right to vend under a valid certificate of vending and the regulatory duty of civic authorities to protect school surroundings, pedestrian movement and public hygiene, the Delhi High Court has held that a street vendor holding a valid CoV cannot be arbitrarily disturbed, but such vending is subject to lawful restrictions, especially where the vending activity affects ingress and egress to a primary school, involves sale of harmful tobacco-related products near children, or fails to maintain cleanliness and hygiene.
No vested right can be claimed if the Town Vending Committee formulates any plan under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, clarified the Court.
The High Court directed MCD to ensure that the petitioner does not obstruct the ingress or egress of the school and to identify an appropriate space from where he may carry on vending activity. The Court specifically prohibited the petitioner from selling pan masala, gutka, cigarettes or any other tobacco products outside or in the vicinity of Mata Sushila Malhotra DAV Primary School.
The Division Bench comprising Justice Prathiba M. Singh and Justice Vikas Mahajan noted MCD’s objection that the petitioner was vending near Mata Sushila Malhotra DAV Primary School and was allegedly selling tobacco-related products such as pan masala, gutka and cigarettes in the vicinity of the school. MCD also argued that cleanliness was not being maintained at the vending site and placed photographs on record in support of these allegations.
On examining the material, the Bench observed that the photographs filed by the petitioner did not reveal his products, whereas the photographs produced by MCD showed the petitioner selling pan masala, gutka, cigarettes and similar items, and also reflected lack of cleanliness around the vend. The Bench relied on its earlier decision in ‘Ram Prasad (deceased) through his daughter Rita Devi v. Municipal Corporation of Delhi [W.P.(C) 3524/2026], in which it was already held that vends selling such products outside the same primary school were impermissible and were liable to be removed from the vicinity of the school.
The Bench further held that there could be no doubt that the petitioner could not be permitted to sell pan masala, gutka and similar products close to the school where young children study. At the same time, the Bench recognised that the petitioner did hold a valid CoV and therefore his right to vend could not be ignored altogether, though it had to be regulated in a manner consistent with public safety, school access and hygiene requirements.
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Briefly, the petitioner, Suresh Shah, approached the Delhi High Court seeking protection against alleged interference by MCD officials and the Delhi Police in carrying on his street vending activity near VIP Gate, Nizamuddin Railway Station, South Delhi. He claimed that he had been vending from the site for several years and was holding a provisional certificate of vending (CoV) bearing URI No. 5656950 under the category “Food/Snack with gas cylinder/fire” for Central Zone, Ward S-55. His grievance was that despite holding a valid CoV and complying with its terms, he was being repeatedly obstructed from vending peacefully.
