Hukam Chand & Ors v. Municipal Corporation of Delhi & Anr

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th August, 2026. Uploaded on: 27th August, 2026. # CNR No. DLHC010252252026 + W.P.(C) 7904/2026 and CM APPL. 57236/2026 HUKAM CHAND & ORS. .....Petitioners Through: Sh. H. S Phoolka, Sr. Advocate alongwith Sh. Jai Shankar, Ms. Nandita Rao, Ms. Surpreet Kaur, Sh. Manoj Makhija, Ms. Lochan Rajput , Mr. Asad Raza, Advocates versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Ms Aarushi Tiku, Advocate SI Manish Kumar, ACP Karuna Sagar, SHO, PS Karol Bagh, Delhi. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN Prathiba M. Singh, J. (ORAL)

¶1This hearing has been done through hybrid mode.

¶2The present petition has been filed by seven Petitioners - (i) Hukam Chand, (ii) Jagannath Yadav, (iii) Sonu Kumar Keshari, (iv) Monu Kumar,

(v) Amarnath Kumar (vi) Chhotalal (vii) Manoj Kumar seeking directions to the Respondents to permit them to vend peacefully at the respective sites stated to have been allotted to them i.e., Ward No. 102N and Ward No. 99N, Ajmal Khan Road, Karol Bagh, Delhi.

¶3The Petitioners are the vendors who have been issued the provisional Certificates of Vending, the details of which are as under:- S.No. Name URI No. Category Petitioner No. 1. Hukam Chand 8712960 "Others" Petitioner No. 2. Jagannath Yadav 3399496 "Others" Petitioner No. 3. Sonu Kumar Keshari 2376825 "Others" Petitioner No. 4. Monu Kumar 7794381 "Others" Petitioner No. 5. Amarnath Kumar 9643789 "Others" Petitioner No. 6. Chhotalal 4817879 "Others" Petitioner No. 7. Manoj Kumar 4626817 "Food/Snack with gas cylinder/fire".

¶4On the last date i.e., 29th May, 2026, Mr. H.S. Phoolka, ld. Senior Counsel for the Petitioners had submitted that the Petitioners are selling clothes on their carts and that they ought not to be disturbed from vending at their respective sites.

¶5Ms. Aarushi Tiku, ld. Counsel appearing for the MCD had submitted that the Petitioners are vending on Ajmal Khan Road, Karol Bagh, Delhi which is a non-vending zone.

¶6Accordingly, on 29th May, 2026 after having considered the matter, the Court had directed as under: "7. Heard. The photographs of all the Petitioners have not been placed on record. Only three photographs of a few of the Petitioners have been handed over by Mr. Phoolka, ld. Sr. Counsel.

¶8Let the photographs of all the Petitioners be placed on record by the next date.

¶9Considering the facts of the case and submissions made by the ld. Counsels, the only interim relief that the Court can grant at this stage is that the Petitioners shall strictly abide by the terms and conditions of the Certificate of Vending which are extracted below:- "Terms & Conditions of the Vending Certificate

¶1Vendor shall not have any other permanent or long-term vending certificate.

¶2Vending certificate is non-transferable.

¶3It is mandatory for the vendor to follow the vending period and zone as determined by TVC or local body.

¶4Vendor shall not give his vending certificate on rent in any way.

¶5Vendor shall not have any infectious disease.

¶6Vendor shall have to take care of hygiene on vending place/zone and nearby area and also take care of public health.

¶7Vendor shall display copy of vending certificate on his place/vending site and will produce original documents to TVC/concerned inspector whenever required.

¶8Vendor/Squatter shall insure that no hindrance be caused to pedestrian and vehicular moment.

¶9Vendor shall not vend/sell any harmful, dangerous and polluted items. It should also be ensured that the quality of the products sold and services provided to the public conform to the prescribed standards of public health, hygienic conditions and safety.

¶10The street vendor shall not do any unauthorized/illegal activity.

¶11Mobile vendors shall not stay or vend more than 30 minutes or time prescribed by the TVC at place in a vending/squatting zone.

¶12Vendors will not block footpaths and will not vend on roads. Vendor should take care of space in front of vending stalls/counters on footpath for pedestrians.

¶13Vending certificate can be cancelled or suspended on the basis of violations.

¶14Vendor shall not build or construct any kind of permanent or temporary structure at vending site.

¶15Seller shall adopt health and hygiene conditions as required by local laws and court orders.

¶16Vendor have to follow all the conditions mentioned in Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019."

¶10Subject to the same being complied with by the Petitioners, they shall not be disturbed.

¶11Let the status report of the MCD be placed on record."

¶7A status report has now been filed by the MCD and the photographs have also been placed on record by the Petitioners. The said photographs are extracted below:

¶8According to Mr. Phoolka, ld. Senior Counsel, the Petitioners are not vending on Ajmal Khan Road, Karol Bagh, Delhi.

¶9Further, the status report of the MCD states as under: "3. That as per record, the certificate of vending were issued to the petitioners by the CL&EC, MCD for the purpose of vending in Ward No. 102N (presently Ward No. 141, Rajinder Nagar) and Ward No. 99N (presently Ward No. 89, Karampura) subject to the terms and conditions mentioned in their COVs. The copy of term and conditions of the COVs is annexed herewith as Annexure-A.

¶4That as per record the petitioners have not been allotted any Tehbazari site for carrying out their vending activities from a fixed site. The petitioners have been issued a vending certificates (COVs) for carrying out his vending activities in Karol Bagh Zone, Ward NO. 102-N, (Now Ward No. 141, Old Rajinder Nagar) and Ward No. 99N (presently Ward No. 89, Karampura) after survey conducted as per the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and Rules and Schemes framed thereunder.

¶5That as per the provisons of the street vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and Rules and Schemes framed thereunder, the petitioners have to carry out their vending activities strictly in accordance with the terms and conditions of the vending certificates. That as per the clause 11 of the terms and conditions of COV, it is stipulated that Mobile Vendors shall not stay or vend more than 30 minutes or time prescribed by the TVC at place in a vending/squatting zone. However, it is submitted that the maximum time of 30 minutes has already been changed to 45 minutes after meeting held on 15.05.2024 under the Chairmenship Addl. Chief Secretary (Urban Development Govt. of NCT of Delhi) in compliance of the directions passed in WPC No. 2265/2024, in the matter of Shiv Prasad & Ors. Vs MCD & Ors. xxx xxx xxx

¶7That on account of pedestrian project in and around Karol Bagh Area the whole Ajmal Khan Road has been declared as no squatting/hawking zone. Therefore, no squatting activities are allowed at Ajmal Khan Road. It is further submitted that the department take encorachment removal action on regular basis from time to time against illegal squatters from the area i.e. Ajmal Khan Road. It is further submitted that if any vending activities are being carried out by the petitioners on the pavement at Ajmal Khan Road, Karol Bagh, the same amounts to illegal squatting at non squatting / non hawking zone/place for which appropriate action is liable to be taken by the Municipal Corporation of Delhi."

¶10The Court has considered the matter. The Certificate of Vending of all the Petitioners have clear terms and conditions which have been extracted in the order dated 29th May, 2026.

¶11Accordingly, the Petitioners shall be permitted to vend in the respective zones for which the provisional Certificates of Vending have been issued as mobile vendors. They shall not stay at one location for more than 45 minutes in the said zone. However, they shall not vend on the Ajmal Khan Road, Karol Bagh, Delhi which is a non-vending zone.

¶12Subject to this, the Petitioners' vending activities shall not be disturbed.

¶13Petition is disposed of in these terms. All pending applications, if any, are also disposed of. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE AUGUST 24, 2026 Rahul/msh