Rights Of Metro Passengers To Be Balanced With Street Vendors’ Rights: Delhi High Court Asks MCD To Identify Space For Disabled Vendor
The Delhi High Court was considering an application filed by the Petitioner under Section 151 of the Code of Civil Procedure.
Justice Prathiba M. Singh, Justice Vikas Mahajan, Delhi High Court
While observing that the rights of passengers accessing the metro stations, including their right to safe and adequate walking spaces, would have to be balanced with the rights of the street vendor, the Delhi High Court has granted 4 weeks to the MCD to identify an alternate place for a disabled vendor.
The High Court was considering an application filed by the Petitioner under Section 151 of the Code of Civil Procedure, seeking directions to the Respondents to comply with an order dated July 7, 2026.
The Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan stated, “The consideration of the aforesaid factors would show that the rights of passengers accessing these metro stations, including their right to safe and adequate walking spaces, would have to be balanced with the rights of the street vendor.”
“The concerned authorities would, therefore, have to identify the space for vending only for those vendors who have authorised provisional COVs, and after identifying such space, they shall be subject to strict terms and conditions governing the manner in which they vend in the area”, it added.
Advocate Aditya represented the Petitioner while Panel Counsel Vaishali Gupta represented the Respondent.
Factual Background
The petitioner is a street vendor with 40% locomotor disability who was issued the Certificate of Vending (CoV) under the category of ‘Others’. He had been vending at the vending site near Old Bus Adda, Sarai Kale Khan, Central Zone, Ward S-56, New Delhi. The grievance of the Petitioner was that he was evicted from the vending site by the concerned officials of the Delhi Police, Municipal Corporation of Delhi and Public Works Department.
On July 7, 2026, the Court had considered the various submissions made by the parties and had also borne in mind the contention raised by the Delhi government that for the Regional Rapid Transit System (RRTS) Project, which was being undertaken by the National Capital Region Transport Corporation (NCRTC), all the unauthorised vendors and tehbazari vendors were to be removed from sites nearby to the station. The Court had thus asked the MCD to identify an alternative space for the Petitioner in the vicinity of the subject vending site itself so that the Petitioner’s livelihood is not adversely affected. The grievance of the Petitioner was that more than two weeks had passed, and the Petitioner had not been allotted an alternate site
Reasoning
The Bench took note of the SDM’s order dated June 24, 2026, which showed that the authorities are presently bearing in mind various factors while deliberating on the action plan for removal of the unauthorised street vendors.
The Bench stated, “It is clear from the above that the authorities, including the Special Task Force, are taking various factors into consideration including, as extracted above, that the Sarai Kale Khan Namo Bharat Station-cum-Transit hub is fully functional and it also provides access to the Nizamuddin Railway Station. Connectivity has been created even to the Delhi Metro Station. The STF notes that there is rampant encroachment on the Nizamuddin entry road and the adjoining footpaths.”
The Bench also took note of the fact that there are 229 stalls/kiosks which are operating and commuters are facing difficulty in entering and exiting the Sarai Kale Khan Namo Bharat station-cum-transit hub.
“The paucity of adequate walking space has also been taken into consideration. Recently, the Supreme Court, in its decision dated 19th June, 2026, titled Maniyar Iliyaz @ Shaik Riyaz & Anr. v. P. Ayyappan & Ors., 2026 INSC 647, has recognised the right of pedestrians to safe and demarcated walking spaces, including footpaths, as a fundamental right”, it added.
Considering that, as per the order dated June 24, 2026, passed by the SDM, the authorities are considering all these factors and there may have been some delay in identifying the space for vending, the Bench granted a further period of four weeks to the Assistant Commissioner, MCD, to identify an appropriate alternate space for the Petitioner. “It is made clear that the activities being undertaken by the Special Task Force are not to be impeded by any of the street vendors, in any manner”, it concluded.
Cause Title: Ranjit Kumar v. Sub Divisional Magistrate Jangpura (Neutral Citation: 2026:DHC:5896-DB)