CHANDER BHAN vs MUNICIPAL CORPORATION OF DELHI AND ORS

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26th May, 2026 Uploaded on: 27th May, 2026 + W.P.(C) 7642/2026 & CM APPL. 36935/2026 CHANDER BHAN .....Petitioner Through: Mr. Kamlesh Kumar Mishra, Mr. Swagat Gupta, Ms. Renu and Mr. Navy Charlie, Advs. versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Ms. Beenashaw N. Soni, Standing Counsel, MCD with Ms. Ann Joseph, Advs. Mr. Neeraj Dubey, SPC for R3 to R5. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend at his designated spot i.e., near Kashmere Gate Metro Station Gate No.8, New Delhi. 3. The Petitioner is a vendor who has been issued the Certificate of Vending (hereinafter, ‘CoV’) URI No.: 9463924 under the category “Food/ Snack without gas cylinder/ fire”. 4. The photograph of the vend has been placed on record which is Signature Not Verified Signed By:RENUKA NEGI W.P.(C) 7642/2026 Page 1 of 5 Signing Date:27.05.2026 18:50:44 extracted below: 5. Ld. Counsel for the Petitioner submits that he has been repeatedly harassed though he is a mobile vendor. Signature Not Verified Signed By:RENUKA NEGI W.P.(C) 7642/2026 Page 2 of 5 Signing Date:27.05.2026 18:50:44 6. Ld. Counsel for the Respondent- MCD submits that the actual site would show that the Petitioner is using two gas cylinders, which is impermissible and is also occupying more area than what is permissible. Further, the Petitioner’s vend is also operating in a non-vending zone. The photographs handed over by ld. Counsel for the MCD is set out below: Signature Not Verified Signed By:RENUKA NEGI W.P.(C) 7642/2026 Pag