Delhi High Court Rejects Claims To Fixed Vending Sites
Provisional Vending Certificates do not give street vendors a legal right to occupy fixed or stationary sites on public land, the Delhi High Court held. A Division Bench of Justice Prathiba M Singh and Justice Vikas Mahajan considered a petition filed by 42 vendors. They sought directions to the Municipal Corporation of Delhi (MCD) to allot specific permanent vending spaces.
The Court rejected their request. It noted that provisional certificates carry specific regulatory conditions. Those conditions do not grant vendors exclusive rights over fixed public spaces.
Therefore, vendors holding such certificates must conduct their businesses on a mobile basis.
Petitioners Failed To Submit Required Documents
The Court also highlighted serious gaps in the documents submitted by the petitioners.
On February 3, 2025, the Court had directed all 42 petitioners to submit individual affidavits. However, only Manik Chand filed an affidavit.
The case record also contained only one provisional Certificate of Vending (CoV). That certificate belonged to Jagdamba Prasad.
As a result, the Court could not verify the licensing status of the other petitioners from the available records.
The MCD argued that the petitioners were mobile hawkers. Therefore, according to the civic body, they could not claim exclusive rights over specific portions of municipal land.
Court Raises Encroachment Concerns
The Bench also examined photographs showing the vendors’ activities.
According to the Court, some vendors had erected structures on public walkways. These structures obstructed pedestrian movement and contributed to traffic problems.
The Bench also expressed concern about cleanliness at the vending locations.
Consequently, the Court directed the MCD to verify the credentials of all 42 petitioners.
Valid Vendors Must Follow Strict Conditions
After verification, vendors with valid credentials may continue their operations. However, they must follow strict conditions imposed by the Court.
First, vendors cannot encroach upon pedestrian walkways or obstruct traffic. They must conduct business without interfering with public movement.
Second, every vendor must maintain proper cleanliness and hygiene. They must also keep a functional dustbin near the vending area.
Third, all vending activities must remain mobile. Vendors cannot sublet or transfer their provisional certificates to another person.
Finally, vendors cannot construct permanent or temporary commercial structures at their operating locations.
MCD Can Act Against Violations
The Delhi High Court authorised the MCD to take action against vendors who violate these requirements.
The civic body may remove vendors who cannot produce valid credentials. It may also act when vendors breach the conditions governing mobile vending.
Therefore, possession of Provisional Vending Certificates does not protect vendors from enforcement when they violate regulatory requirements.
Town Vending Committee Scheme Will Prevail
The Court also clarified that its directions remain subject to future regulatory measures.
The Town Vending Committee–II may introduce a master layout or vending scheme under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
Any such statutory scheme will govern the vendors’ operations.
The ruling therefore distinguishes permission to conduct mobile vending from a legal right to occupy public land permanently. Vendors with valid credentials may continue their livelihood, but they must comply with municipal rules, hygiene standards and restrictions against encroachment.
