Delhi High Court Protects Street Vendors From Eviction Until Town Vending Committees Formulate Final Plan
The MCD has also been directed to constitute 23 statutory Town Vending Committees by July 21, 2026, to finalize certificates of vending, categorize vendors accurately, and establish appropriate fees for utilizing public spaces.
The Delhi High Court has disposed of a batch of writ petitions filed by street vendors against the Municipal Corporation of Delhi (MCD), ordering that no existing vendor operating under a valid provisional Certificate of Vending (CoV) shall be disturbed or evicted until the newly formed Town Vending Committees (TVCs) make their final statutory decisions.
The Court directed the MCD to strictly adhere to its time-bound schedule to elect and constitute 23 TVCs by July 21, 2026. The Court emphasized that upon their constitution, these statutory bodies must verify survey lists, determine appropriate monetary fees for using public land, and carefully distinguish between mobile and stationary vendors while giving special consideration to vulnerable categories, such as persons with disabilities and fixed-spot artisans like tailors.
The Division Bench of Justice Pratibha M Singh and Justice Madhu Jain directed, "Until the TVC takes its final decision, none of the street vendors shall be disturbed or prevented from carrying out their vending activities, in accordance with the terms and conditions of the provisional CoVs."
Advocate Kamlesh Kumar Mishra appeared for the Petitioner, whereas CGSC Mukul Singh appeared for the Respondents.
Facts of the Case
The present batch of writ petitions was preferred by various street vendors operating within the jurisdiction of the Municipal Corporation of Delhi (hereinafter, ‘MCD’). The petitioners comprised street vendors who had either been issued provisional Certificates of Vending (hereinafter, ‘CoVs’) or were continuing their vending activities on the strength of surveys already conducted, despite the final CoVs not yet being formally issued to them.
The matter had been pending for several years, during which the street vendors survey commenced under the mandates of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Delhi Street Vendors Rules, 2017, and the Delhi Street Vendors Scheme, 2019. While the survey concluded in two distinct phases, a substantial number of 20,247 vendors still remained to be surveyed within an extended window. On the previous date of hearing, the MCD proposed a structured six-step future course of action to resolve the impasse, prompting the Court to direct the civic body to place a definitive, time-bound statutory schedule on record.
Contentions of the Parties
The petitioner-vendors raised several critical grievances regarding the ongoing administrative process, contending that the specific category of the street vendors was not properly or accurately designated in the provisional CoVs currently in circulation. They also submitted that in the case of persons with disabilities (PwDs), the authorities arbitrarily imposed conditions requiring them to operate strictly as mobile vendors, which was physically unfeasible and prejudicial. It was argued that the exact geographical sites and zones earmarked for vending activities were not properly specified or demarcated in the provisional CoVs. It was further contended that the overarching vending plans for the respective regions ought to be finalised alongside the individual certificates.
The Municipal Corporation of Delhi countered these grievances and submitted a comprehensive status report, averring that the survey and recommendation process by appointed external agencies had hit a temporary bottleneck because the constitution and membership of the statutory Town Vending Committees (hereinafter, ‘TVCs’) were yet to be minimised and finalised. Pursuant to the Court's previous directions, the issuance of provisional CoVs was completed and the electoral roll for the TVC members was successfully drawn up.
It said that the elections to the 23 TVCs across Delhi were firmly scheduled for 30th June, 2026, and the formal constitution of these statutory bodies was slated to be completed by 21st July, 2026, and the final decision regarding the authorised lists of vendors, their categories, exact locations, and monetary terms fell strictly under the statutory domain of the TVCs and would be executed post-elections.
Observations and Directions of the Court
Upon perusing the status report and hearing the rival submissions of the parties, the High Court observed that the MCD was now taking proper, structured, and time-bound steps towards fulfilling its statutory mandate under the Act of 2014. The Court noted that since the constitution of the TVCs was actively underway, the grievances of the vendors could be systematically redressed through these statutory bodies.
The Court further observed with concern that in a large majority of these cases, the street vendors were making no monetary payments whatsoever to the local authorities, such as the MCD or the New Delhi Municipal Council (NDMC), for utilizing public spaces. Additionally, the Court emphasized that vendors must maintain public hygiene and refrain from erecting permanent structures.
Consequently, the High Court disposed of the batch of writ petitions and all pending miscellaneous applications with the following binding directions:
1. The MCD was directed to strictly adhere to the schedule and constitute the 23 TVCs by the designated date of 21st July, 2026.
2. Upon their formal constitution, the TVCs were directed to immediately undertake the verification of the survey lists in accordance with the parent Act of 2014.
3. While issuing the final CoVs, the TVCs were directed to give due weightage to the nature of vending (mobile versus stationary) and explicitly accommodate vulnerable categories, such as persons with disabilities and fixed-spot artisans like tailors.
4. The concerned TVCs were directed to formulate and finalise appropriate monetary terms and fees to be levied on vendors for the issuance of final CoVs.
5. The street vendors were directed to maintain absolute cleanliness and hygiene around their vends, and were strictly prohibited from raising any temporary or permanent constructions on the vending sites.
6. Most crucially, the Court ordered that until the TVCs arrived at their final statutory decisions, no existing street vendor operating under a valid provisional CoV should be disturbed, evicted, or prevented from carrying out their livelihood.
It ordered, "Under these circumstances, since the MCD is now taking proper and time-bound steps for constitution of the TVCs, which would be the statutory mandate towards finalisation of vending plan and issuance of final CoVs, the present petitions are disposed of with the following directions: (i) The MCD shall constitute the TVCs as per the timeline set out hereinabove; (ii) Upon constitution of the TVCs, the TVCs shall undertake the verification of the survey list, and proceed in terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; (iii) While issuing final CoVs to verified and authorised street vendors, due consideration shall be given to factors such as the nature of vending, including whether the vendors ought to be categorized as mobile or stationary vendors. Factors such as vendors being persons with disabilities, vendors who are carrying on vending which cannot be mobile such as tailors and other relevant factors shall also be considered..."
Accordingly, the matter was disposed of.
Cause Title: Sumit Verma v. State of NCT of Delhi and Ors. and other connected matters. [Neutral Citation: 2026 DHC 4504-DB]
Appearances:
Petitioner: Advocates Kamlesh Kumar Mishra, Renu, Shivani Verma and Mansi Kashy
Respondents: Senior Counsel Mukul Singh (Central Government Standing Counsel), Senior Counsel Pratima N. Lakra (Central Government Standing Counsel), Senior Counsel Himanshu Pathak (Senior Panel Counsel), Senior Counsel Vaishali Gupta (Panel Counsel Civil GNCTD), Senior Counsel Anubhav Gupta (Panel Counsel Civil GNCTD), Senior Counsel Harsha Peechara (Standing Counsel NDMC), Senior Counsel Sriharsha Peechara (Standing Counsel NDMC), Senior Counsel Tushar Sannu (Standing Counsel), Senior Counsel Tajinder Virdi (Standing Counsel), Advocate Kawalpreet Kaur, Advocate Mohit Gupta, Advocate Aryan Dhaka, Advocate Sunidhi Tyagi, Advocate Rashi Aggarwal, Advocate Ravicha Sharma, Advocate Soumit Ganguli, Advocate Aakash Sharma, Advocate Fajallu Rehman and others.