Vinod Ram Vs Municipal Corporation of Delhi and Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 22^nd July, 2026 Uploaded on: 23^rd July, 2026 + W.P.(C) 9960/2026 VINOD RAM .....Petitioner Through: Mr. Aditya and Mr. Vipin Kumar, Advs. versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr. Shivam Sachdeva, ASC with Mr. Yash Agrawal, Mr. Sparsh Ruhela, Mr. Amit Kumar, Ms. Sanjana Chib, Advs. for R-1/MCD. (M. 9971358035) Ms. Snehlata Shantilal Surana, Adv with Mr. Nring Chamwibo Zeliang, GP for R-3 and R-4. (M. 8730027929) Mrs. S. S. Surana, CGSC with Mr. Nring Chamwibo Zeliang (GP), Mr. Naved Ahmad and Mr. Waseem Ahmad, Advs. for R-4 and R-5. (M. 7017402174) Ms Vaishali Gupta, Panel Counsel GNCTD (civil) and Ms Aanchal Rajput, Adv. for R-5. (M. 9479273444)

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CORAM:

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JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN

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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 by the Petitioner-Vinod Ram under Article 226 of the Constitution of India, inter alia , seeking issuance of an

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Signature Not Verified

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W.P.(C) 9960/2026

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Page 1 of 7

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 3.07.2026 19:12:00

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appropriate writ directing the Respondents to allow the Petitioner to peacefully vend at his designated spot i.e., on the pavement, Nizamuddin Railway Station Road, Opposite Railway Reservation Office, Nizamuddin, Central Zone, Ward-S-55, New Delhi.

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The Petitioner, who is a street vendor near Hazrat Nizamuddin Railway Station has been issued a Certificate of Vending (hereinafter ‘ CoV’ ) bearing no. URI No. 4149207 by the Municipal Corporation of Delhi (hereinafter, ‘MCD’ ) in the category of ‘Food/Snacks with gas cylinder/fire’ .

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The case of the Petitioner is that he is not being allowed to peacefully vend and thus, the prayer is for stopping the harassment which the Petitioner is facing. Further, the prayer of the Petitioner is for converting his CoV to a ‘Stationary Vendor’. The photograph of the Petitioner’s vend has been placed on record by the Petitioner which is as under:

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Signature Not Verified

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W.P.(C) 9960/2026

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 3.07.2026 19:12:00

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Mr. Shivam Sachdeva, ld. Counsel appearing for MCD submits that the photograph placed on record by the Petitioner is totally misleading. The actual photographs of the vend of the Petitioner have been handed over by the ld. Counsel for the MCD in which it is clearly shown that the Petitioner is running a small food outlet with various tables, chairs etc., and occupying a large portion of the footpath itself, which is completely impermissible. The photographs handed over by the ld. Counsel for the MCD are set out below:

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Signature Not Verified

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W.P.(C) 9960/2026

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 3.07.2026 19:12:00

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Signature Not Verified Digitally Signed By:DEEPAK SINGH Signing Da te:2 3.07.2026 19:12:00

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W.P.(C) 9960/2026

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The Petitioner has obviously filed misleading photographs on record in order to hide the true factual position from the Court. The above photographs leave no manner of doubt that the Petitioner is in clear violation of the terms and conditions of the CoV. Thus, the action taken by the authorities cannot be termed as harassment by any stretch of imagination.

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At this stage, ld. Counsel for the Petitioner submits that the Petitioner would strictly abide by terms and conditions imposed by this Court in similar matters.

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The Court has considered the matter. The Petitioner had a duty to file proper photographs revealing the correct factual position which he has not done. Considering that there has been an attempt to mislead, the Court intends to impose heavy costs on the Petitioner. However, considering that the Petitioner belongs to the economically weaker strata of the society and has a provisional CoV, to protect his livelihood, the Petitioner shall within a period of 24 hours remove all the unauthorised encroachment i.e., tables, chairs etc., In addition he shall comply with the following conditions:

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a) The Petitioner shall be permitted to operate his vend, but shall use a gas cylinder which does not occupy too much space. It is made clear that only a small or medium sized gas cylinder for heating of food and snacks shall be used by the Petitioner;

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b) The Petitioner shall restrict himself to a particular space, where he is operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians;

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c) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend;

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Signature Not Verified

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W.P.(C) 9960/2026

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 3.07.2026 19:12:00

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d) Subject to the above, Condition No.11 in the CoV shall not apply to the Petitioner. The Petitioner shall comply with all the other conditions in the CoV.

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e) It shall be ensured that the Petitioner shall not create any third party interest in this provisional CoV and there shall be a bar on sub-letting or any handing over possession to any third party.

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f) No permanent or temporary construction shall also be erected by the Petitioner.

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The above stated directions shall be subject to any plan which the Town Vending Committee–II may be coming up with in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and no vested rights shall be claimed.

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The officials of the MCD shall inspect the vend of the Petitioner on Sunday i.e., 26th July, 2026 and if the Petitioner is found to be complying with the conditions of the CoV, he shall be permitted to vend peacefully.

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The above is subject to the Petitioner depositing a sum of Rs.25,000/with the Delhi High Court Legal Services Committee. The bank details of the Delhi High Court Legal Service Committee are as under:

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