Jitendra Vs Delhi Cantonment Board and Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18^th March, 2026 Uploaded on: 24^th March, 2026

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- W.P.(C) 18944/2025 & CM APPL. 78872/2025 JITENDRA .....Petitioner

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Through: Mr. Kamlesh Kumar Mishra, Mr. Sawagata, Mr. Akhil Rexwal and Ms. Anisha, Advs. versus DELHI CANTONMENT BOARD AND ORS. .....Respondents Through: Mr. Tarveen Singh Nanda, SC with Mr. Gaurav Aggarwal, Adv. for R1 Ms. Namrata Mukim, Standing Counsel for MCD with Ms. Niharika Singh and Ms. Sakshi Saxena, Advs. Mr. Dhan Mohan, SPC for UOI with Ms. Ritu Bhardwaj, GP, Ms. Tanisha Bhatia, Ms. Anjali Chaudhary and Ms. Nikita Jha, Advs. for R3 & R4 Ms. Vaishali Gupta and Ms Rashi Aggarwal, Advs. for R5 Insp. Satbir Singh, P.S.- Delhi Cantt.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

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Prathiba M. Singh, J. (Oral)

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This hearing has been done through hybrid mode.

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The present petition has been filed, inter alia, seeking directions to the Respondents to consider granting of Certificate of Vending in terms of his

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Signature Not Verified

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Signed By:RENUKA NEGI Signing Da te:2 4.03.2026 18:05:41

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Page 1 of 6

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W.P.(C) 18944/2025

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representations dated 21^st May, 2025 and 8th December, 2025.

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The Petitioner claims to be a street vendor vending in the open space, beyond the footpath, near Pillar No. 86, Nala Ring Road, Dhaula Kuan, Delhi Cantonment, New Delhi – 110021 for more than ten years.

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In support of the fact that the Petitioner has been vending at the above site, the Petitioner has relied upon various challans issued prior to 2023 by the Municipal Corporation of Delhi and/or the Delhi Cantonment Board. The Petitioner was aggrieved by the fact that the Petitioner was left out from the initial and partial survey conducted by the Delhi Cantonment Board.

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Accordingly, the Petitioner had submitted the representations to the Delhi Cantonment Board dated 21^st May, 2025 and to the Town Vending Committee dated 8th December, 2025, seeking issuance of the Certificate of Vending.

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It is submitted by ld. Counsel for the Petitioner that he has placed few of the challans on record. However, the remaining challans issued prior to 2023 are not in the Petitioner’s possession since the same have been submitted to the authorities along with the said representations.

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It is further submitted that the Petitioner, in the absence of the Certificate of Vending, has not been permitted to vend at the site mentioned above.

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Further, the ld. Counsel for the Petitioner relies on the decision of this Court in W.P.(C) 2667/2026 titled Danveer Yadav vs. Delhi Cantonment Board, wherein vide order dated 25th February, 2026 in respect of similar facts the Court had recorded as under:

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“3. The Petitioner claims to be a street vendor in

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Signature Not Verified

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Signed By:RENUKA NEGI Signing Da te:2 4.03.2026 18:05:41

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W.P.(C) 18944/2025

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Delhi Cantonment Board and prays that his case be considered in terms of the minutes of meeting of the Town Vending Committee dated 15th January, 2026.

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4. The case of the Petitioner is that he has three challans to show that he has been vending in the said area. The Petitioner has also made a representation to the Delhi Cantonment Board that he be issued a Certificate of Vending (hereinafter, ‘COV’).

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5. Mr. Mishra, ld. Counsel for the Petitioner relies upon the minutes of meeting dated 15th January, 2026 of the Town Vending Committee wherein it was decided that if any vendor is able to produce three challans issued by the Delhi Cantonment Board prior to commencement of survey i.e., 27th October, 2023, then such cases shall be considered by the Town Vending Committee.

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6. Mr. Nanda, ld. Counsel for Respondent No. 1-Delhi Cantonment Board also confirms the above decision taken in the said meeting.

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7. The Court has considered the matter, including the photographs placed on record. The case of the Petitioner is that he has three challans prior to 27th October, 2023. The relevant portion of the Minutes of meeting dated 15th January 2026 read as under:

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“The TVC after lengthy deliberation resolved that vendors who are able to produce at least 03 challans. issued by Delhi Cantonment Board, before the date of commencement of survey i.e. 27.10.2023 shall be considered to be included in the list of street vendors subject to the holding capacity finalized by the TVC. The TVC further directed the Revenue

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Signature Not Verified

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Signed By:RENUKA NEGI W.P.(C) 18944/2025 Signing Da te:2 4.03.2026 18:05:41

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Page 3 of 6

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Superintendent to examine the representations of the vendors, as brought out on the agenda site, in the light of the criteria fixed today by this TVC and to submit a report in the next meeting of TVC for consideration and decision.”

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8. Accordingly, in terms of the minutes of meeting dated 15th January, 2026, let the case of the Petitioner be examined by the Delhi Cantonment Board and the decision be communicated to the Petitioner within a period of one month from today.

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9. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.”

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Mr. Nanda, ld. Counsel appearing for the Delhi Cantonment Board submits that the minutes of meeting dated 15^th January, 2026 have already protected the Petitioner and similarly situated people. The relevant portion of the same reads as under:-

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“Resolution No. 1 & 2:

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[…]

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(8) The TVC further resolved that the holder of temporary vending certificate shall not be evicted from the vending site till the finalisation of vending zones and issuance of vending certificate. However, if there is any violation by these vendors then process should be initiated to cancel the temporary vending certificate.

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[…]

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Resolution No. 3:

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Signature Not Verified

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Signed By:RENUKA NEGI W.P.(C) 18944/2025 Signing Da te:2 4.03.2026 18:05:41

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[…]

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The TVC after lengthy deliberation resolved that vendors who are able to produce at least 03 challans. issued by Delhi Cantonment Board, before the date of commencement of survey i.e. 27.10.2023 shall be considered to be included in the list of street vendors subject to the holding capacity finalized by the TVC. The TVC further directed the Revenue Superintendent to examine the representations of the vendors, as brought out on the agenda site, in the light of the criteria fixed today by this TVC and to submit a report in the next meeting of TVC for consideration and decision.”

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The Court has considered the matter.

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In the present case, there are two challans which have been filed by the Petitioner that are prior to 2023 and are dated 16^th October, 2018 and 15^th October, 2019. In addition, the Petitioner has also placed on record challans dated 6^th May, 2024, 16^th May, 2024, 27^th May, 2024 and 15^th July, 2024, etc. 12. The case of the Petitioner is that he has not been allowed to vend at the concerned site. The Cantonment Board has already taken a decision vide Minutes of Meeting dated 15^th January, 2026 to the effect that those persons who have challans prior to 27th October, 2023 shall not be disturbed and that their cases shall be verified and a decision shall be taken.

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Considering the order dated 25th February, 2026 passed in Danveer Yadav (supra), let the case of the Petitioner be also examined by the TVC/Delhi Cantonment Board and the decision be communicated within a period of one month.

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Signature Not Verified

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Signed By:RENUKA NEGI Signing Da te:2 4.03.2026 18:05:41

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W.P.(C) 18944/2025

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