Delhi High Court Relocates Street Vendor Operating With Gas Cylinder From Covered Drain; Directs MCD to Provide Alternative Space While Protecting Provisional Vending Rights Within Two Weeks
Delhi High Court Protects Street Vendor’s Provisional Certificate but Finds Covered-Drain Location Unsafe; Orders Alternative Vending Space Within Two Weeks
Facts
The petition was filed by Rajender seeking directions against the Municipal Corporation of Delhi and other authorities to permit him to peacefully carry on street vending at the open space opposite Gali No. 18, Jagdamba Road, Tughlakabad Extension, Central Zone, Ward-S-82, New Delhi.
Rajender holds a provisional Certificate of Vending (CoV), URI No. 2643292, under the category “Food/Snack with gas cylinder/fire”, with Central Zone, Ward-S-82 specified as his place of vending.
He alleged that the authorities were disturbing his vending activity. It was further stated that a fire had recently occurred in the area, following which his vend had been removed. He thereafter made a representation dated 7 September 2026.
The photographs reproduced on pages 2 to 4 of the judgment became significant. They showed the food stall positioned over/adjacent to slabs covering a drain and also depicted the cooking arrangement and gas cylinder. The Court relied on these photographs in assessing the safety of the existing vending location.
Issues
The principal issue was whether Rajender, despite holding a provisional Certificate of Vending, was entitled to insist upon vending from the particular location where his stall was situated on a covered drain.
The Court also considered how his statutory/provisional vending rights could be protected without compromising the safety of the vendor, customers, pedestrians or traffic.
A related issue was the conditions governing the use of a gas cylinder/fire by a street vendor whose Certificate of Vending expressly permitted vending under that category.
Petitioner’s Arguments
Rajender contended that his vending activities were being disturbed by the respondent authorities despite his possession of a valid provisional Certificate of Vending.
His counsel sought permission for him to vend peacefully at the existing vending site, relying upon relief granted by the Delhi High Court to similarly situated street vendors.
The petitioner relied substantially on his provisional CoV, which expressly categorised his vending activity as “Food/Snack with gas cylinder/fire.”
Respondents’ Arguments
MCD opposed continuation at the existing location.
Its Standing Counsel submitted that the petitioner was vending on a drain covered with slabs. MCD further objected that his vending arrangement was not properly placed on a cart and that he was using a large gas cylinder positioned on the drain, creating a safety concern.
MCD produced photographs of the vending site taken on the morning of the hearing itself.
The Court examined those photographs and accepted MCD’s factual concern regarding the location.
Analysis of the Law
Certificate of Vending Does Not Create an Absolute Right to an Unsafe Spot
The High Court accepted that Rajender had a provisional CoV authorising food/snack vending involving a gas cylinder/fire.
However, possession of the CoV did not mean that the vendor could insist upon operating from a particular location where doing so created demonstrable safety concerns.
After examining the photographs, the Court expressly found that the petitioner was vending on a covered drain and that the location was unsafe both for the petitioner and for customers using his services.
Rather than extinguishing his vending rights, the Court adopted the less restrictive course of relocation to a safer alternative site.
Alternative Site Within Two Weeks
The Court directed the Assistant Commissioner of the concerned area to identify an alternative space where Rajender could vend within two weeks.
At the alternative site, however, the petitioner cannot place the vend directly on the floor. It must operate on a cart.
This direction preserved the livelihood interest flowing from the provisional CoV while addressing the physical safety defect associated with the existing location.
Restrictions on Gas Cylinder
The Court recognised that the provisional CoV itself permitted vending in the category of Food/Snack with gas cylinder/fire.
Accordingly, it did not prohibit the petitioner from using a gas cylinder altogether.
Instead, it directed that he use only a small gas cylinder for heating food and snacks, which should not occupy excessive space.
Pedestrian and Traffic Safety
The petitioner was directed to confine himself to a particular space which must not obstruct pedestrian movement or cause vehicular traffic congestion.
He was also required to maintain cleanliness and hygiene around the vending site and keep a dustbin near the stall.
No Subletting or Construction
The Court expressly prohibited the petitioner from creating any third-party interest in the provisional CoV.
There is therefore a bar against subletting or handing over possession to another person.
The petitioner was additionally prohibited from erecting any permanent or temporary construction at the vending site.
Precedent Analysis
The High Court followed conditions imposed in three recent cases involving vendors falling within the same “Food/Snack with gas cylinder/fire” category.
These were:
Rajendra Singh v. Commissioner of Police & Ors., W.P.(C) 15082/2025, order dated 2 February 2026;
Mohd Badruddin v. Municipal Corporation of Delhi & Ors., W.P.(C) 19391/2025, order dated 8 January 2026; and
Rihana v. MCD & Ors., W.P.(C) 1609/2026, order dated 5 February 2026.
The Court effectively extended the same protective-but-conditional framework to Rajender: his vending livelihood would be preserved, but only subject to safety, hygiene, spatial and non-transfer conditions.
Court’s Reasoning
The Court balanced two competing considerations.
On one side, the photographs and MCD’s submissions demonstrated a genuine public-safety concern. The petitioner’s stall was operating over a covered drain, with cooking equipment and a gas cylinder. The Court expressly concluded that the arrangement was unsafe for both Rajender and his customers.
On the other side, Rajender was not an unauthorised vendor in the sense of having no vending documentation. He possessed a provisional CoV specifically permitting food/snack vending involving gas cylinder/fire.
The appropriate solution was therefore not outright removal without accommodation, but relocation to an alternative space, coupled with conditions governing the manner of vending.
Rajender was specifically directed to appear before the concerned Assistant Commissioner, MCD on 17 September 2026 at 11:30 a.m. for identification of the alternative site.
Conclusion
The Delhi High Court did not permit Rajender to insist upon continuing at the unsafe covered-drain location. Instead, it directed MCD to identify an alternative vending space within two weeks while preserving his ability to carry on food vending under his provisional Certificate.
His continued vending was made subject to conditions including use of a cart, use only of a small gas cylinder, avoidance of pedestrian or traffic obstruction, maintenance of hygiene and a dustbin, prohibition on third-party interests/subletting and prohibition on permanent or temporary construction.
Importantly, these directions remain subject to any vending plan subsequently prepared by Town Vending Committee-II under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the petitioner cannot claim any vested right on the basis of the interim arrangement.
The petition and pending applications were accordingly disposed of.
Case Details
Case: Rajender v. Municipal Corporation of Delhi & Ors.
Court: Delhi High Court
Case Number: W.P.(C) 13254/2026
CNR: DLHC010429682026
Bench: Justice Prathiba M. Singh and Justice Vikas Mahajan
Date: 10 September 2026
Result: MCD directed to identify an alternative vending site within two weeks; petitioner permitted to continue vending subject to safety and operational conditions, with the arrangement remaining subject to the future TVC-II vending plan
