Delhi High Court Rules Provisional CoV Holders Cannot Claim Fixed Vending Sites

The Delhi High Court has held that street vendors holding provisional Certificates of Vending (CoVs) cannot claim a right to fixed vending sites in the city. A Bench of Justice Prathiba M Singh and Justice Vikas Mahajan stated that the demand for fixed vending spaces under provisional CoVs cannot be permitted, as the certificates are subject to specific terms and conditions governing street vending.

The court was hearing a petition moved by 42 individuals who claimed to hold provisional CoVs and sought directions to the authorities to specify the exact locations where they could carry out vending activities. In response, the Municipal Corporation of Delhi (MCD) submitted that the petitioners were mobile vendors at best and had not been allotted any identified stationary sites.

While examining photographs submitted on record, the Bench observed that the petitioners were operating stationary shops instead of mobile setups. The court noted that they had encroached upon footpaths and pedestrian walkways, creating traffic congestion in the area. In its August 3 order, the court further remarked that the vending sites were not being kept in a clean and hygienic condition.

The Bench highlighted that provisional CoVs mandate strict adherence to selling times and zones designated by the Town Vending Committee. Vendors are also obligated to prevent obstruction to pedestrians and vehicular traffic and must refrain from encroachment.

The High Court directed the MCD to verify whether all 42 petitioners genuinely possess provisional CoVs. The court stated that individuals found with valid certificates will be permitted to operate solely as mobile vendors in compliance with the attached conditions. Any petitioner or vendor without a valid provisional CoV or failing to comply with the rules will be liable to removal by the MCD.