Section 21. Plan for street vending
(1) Every local authority shall, in consultation with the planning authority and on the recommendations of the Town Vending Committee, once in every five years, prepare a plan to promote the vocation of street vendors covering the matters contained in the First Schedule.
(2) The plan for street vending prepared by the local authority shall be submitted to the appropriate Government for approval and that Government shall, before notifying the plan, determine the norms applicable to the street vendors.
How courts have applied section 21
- Courts permit vending under a provisional Certificate of Vending only if the vendor does not obstruct movement, maintains hygiene, builds nothing, and does not sub-let.1,2,3
- A gas cylinder is allowed only where small and used solely for heating food, and the certificate's condition on cylinder size may be relaxed.4,1,5
- No vested rights arise from interim permission; all orders are subject to the Town Vending Committee's future plan under Section 21.1,6,5
- Where a site is a no-vending zone, the authority must identify an alternate permitted site, often within the same ward or zone, within a fixed period.4,7,8,9
- A no-vending zone cannot be declared until a survey is carried out and a plan formulated; a notified plan is required.10,11
- Delayed publication of a voters' list for street-vendor elections was upheld where no prejudice resulted.12,13,14,15
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The judgements here are mostly interim orders from the Delhi High Court in which street vendors holding provisional Certificates of Vending sought protection from disturbance by municipal and police authorities. Courts in these orders routinely permitted the vendor to operate at the contested site, but only subject to strict conditions: no obstruction to pedestrian or vehicular movement, maintenance of hygiene and cleanliness, no permanent or temporary structures, no sub-letting, and use of a gas cylinder only if small and solely for heating food. The permission was repeatedly stated to be subject to any future plan formulated by the Town Vending Committee under Section 21 of the Act, and the vendor was said to claim no vested rights.16,4,1,2,3,6,5
Where the vending site was within a 'no-vending zone' or posed severe congestion, courts directed the municipal authority to identify an alternative permitted vending area within a specified period, usually to the same zone or ward, while allowing continued vending at the current site under conditions until the shift. In some of these orders the alternative site was to be one where only authorised provisional Certificate of Vending holders could vend, and the court noted that the petitioner had occupied a larger area than permitted. The directions also included repair of hazardous pavement conditions in one case.4,6,7,8,9,2
Beyond the Delhi interim orders, a Himachal Pradesh court remanded a matter directing the Municipal Corporation to revisit its decision de-notifying vending zones after highway widening was completed, emphasising the duty to restore displaced vendors to their original zones. An Allahabad High Court judgement concerning a challenge to a no-vending zone declaration held that no plan for street vending duly notified by the Government had been brought on record, and that Clause 3(e) of the First Schedule prohibits declaring any no-vending zone until a survey is carried out and a plan formulated; it noted the statutory survey was still ongoing in that case. Another Allahabad petition was dismissed where the petitioner did not refer to Section 21(2) read with paragraph 3(e) of the First Schedule.17,10,11
Bombay High Court judgements upheld street-vendor elections held under the Act and ruled on related issues: that eligibility to hawk does not by itself confer voting rights, that delayed publication of the voters' list satisfied the relevant rule where no prejudice was shown, and that rejection of incomplete applications was proper. A Punjab and Haryana judgement concerned vendors challenging a Town Vending Committee resolution delegating powers, show cause notices and demands for vending-fee dues.12,13,14,15,18
By court
Outcomes
Judgements applying section 21
The Delhi High Court disposed of a writ petition by a street vendor holding a provisional Certificate of Vending (URI No. 7595053) under the category "Food/Snack with gas cylinder/fire" for Ward 83-N.
Writ Petition (Civil)OpenThe Delhi High Court disposed of a writ petition by a street vendor (Vijay Das) holding a provisional Certificate of Vending for food/snacks with gas cylinder near Adarsh Nagar Metro Station.
Writ Petition (Civil)OpenIn this writ petition, a street vendor sought directions under Article 226 of the Constitution to allow him to vend peacefully at a specific site on Major Sudesh Marg Road, Delhi, along with the Municipal Corporation of Delhi and the Delhi Police.
Writ Petition (Civil)OpenThe High Court, on a writ petition regarding disturbances to the petitioner's street vending, directed the Assistant Commissioner to identify an alternative vending space within two weeks.
Writ Petition (Civil)OpenPetitioners challenging de-notification of street vending zones in Solan after NH widening work was completed. Court held authorities must respect existing zones and refers to Supreme Court dicta on livelihood rights, directing reassessment.
DisposedOpenstreet vendors Chandigarh; certificate of vending cancellation; Town Vending Committee delegation of powers to Additional Commissioner/Joint Commissioner; Section 10 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; Section 11 statutory appeal; Rule 12 Rules of 2015;
DisposedOpen
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Khazana Vyapar Mandal Society Thru. Chairman/Auth. Representative Shivram Lal vs State of U.P. Thru. Addl. Chief Secy.Nagar Vikas Vibhag, Lko. and 5 Others
Outcome: Dismissedstreet vendors; no vending zone; vending zone; Nagar Nigam; survey pending; Section 21(2) read with Para 3(e) First Schedule; Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; PIL dismissed for want of statutory pleadings; liberty to file afresh; Khazana Vyapar Mandal Society;
DismissedOpenAll India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpenAll India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpenAll India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpenAll India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpenStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; Section 21; First Schedule Clause 3(e) and Clause (e); Section 3 protection from eviction or relocation; no vending zone; survey; plan for street vending; eviction of urban street vendors Amar Kumar Sonkar and 4 others;
The High Court of Delhi disposed of a writ petition filed by a street vendor seeking the right to vend from a specific site on Netaji Subhash Marg. The Court, relying on Supreme Court precedents regarding state duty to assist displaced vendors, directed the MCD to identify an alternative location within a permitted…
Writ Petition (Civil)OpenThe Court examined a writ petition by a street vendor facing harassment for vending in a designated 'No-vending zone'. Relying on Supreme Court precedent regarding livelihood protection, the Court allowed the petition permitting vending subject to strict hygiene, non-obstruction conditions, and an order to identify an…
Writ Petition (Civil)OpenHigh Court allowed a petition by a street vendor seeking relief after seizure of goods and imposition of penalty. Court held that large-scale encroachment near a school posed safety hazards.
Writ Petition (Civil)OpenThe Court allowed a writ petition filed by a street vendor possessing a provisional Certificate of Vending for hot food items, directing the Municipal Corporation of Delhi to provide an alternate site or permit vending at the contested location.
Writ Petition (Civil)OpenA petition under Article 226 by a street vendor seeking directions to allow peaceful vending at a specific site despite alleged harassment. The court allowed the petition, permitting operation with specific conditions on equipment, space, hygiene, and construction, while noting the right is subject to future Town…
Writ Petition (Civil)OpenThe High Court of Delhi allowed a writ petition filed by a street vendor seeking relief against harassment while vending with a small gas cylinder. The Court disposed of the petition by permitting operation subject to safety conditions and clarified that no vested rights accrue pending the Town Vending Committee's…
Writ Petition (Civil)Open
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The Delhi High Court directed the petitioner-Street vendor to abide by the terms of his provisional Certificate of Vending prohibiting gas cylinder use until the Town Vending Committee-II is constituted to possibly change his category.
Writ Petition (Civil)OpenStreet vendor writ petition (Art. 226), High Court of Delhi, W.P.(C) 10383/2026, decided 28-07-2026: MCD demolition of stall without notice held justified due to unauthorised tin/sheet shed and excess space occupancy;
Writ Petition (Civil)OpenHigh Court of Delhi (Prathiba M. Singh and Vikas Mahajan, JJ.; judgment authored by Prathiba M. Singh, J., orally), 28 July 2026, disposes of a W.P.(C) filed under Article 226 by Mohd Sabir, a street vendor running 'Patna Best Roll Centre' opposite A12 near Adarsh Nagar Metro Station (Civil Lines Zone, Ward-17-N), who…
Writ Petition (Civil)OpenWrit petition (Art. 226) by a street vendor holding a Certificate of Vending (URI No. 3835042) from MCD in the category 'Food/Snacks without gas cylinder/fire', seeking protection of his vend near M-71, M-Block Market, Greater Kailash-II, where cars frequently parked over his unhallowed/unallotted spot.
Writ Petition (Civil)Open