VICKY vs MUNICIPAL CORPORATION OF DELHI AND ORS.

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st May, 2026 Uploaded on: 23rd May, 2026 + W.P.(C) 7116/2026 & CM APPL. 34841/2026 VICKY .....Petitioner Through: Mr Swagata Gupta, Mr Kamlesh Kr Mishra, Ms Renu, Mr Aakash Tiwari & Ms Shivani Verma, Advs. versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Ms. Beenashaw N. Soni (standing counsel, MCD) with Ms. Mansi Jain, Adv. for MCD. Ms. Ekta Choudhary, Adv. for R-3 &4. 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 by the Petitioner- Vicky under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondents to allow the Petitioner to peacefully vend at his designated spot i.e.,vacant land near pavement on the service road, Boulevard road, Agrasen Park, Kashmiri Gate Metro Gate No 3, City-SP Zone, Ward-83-N. 3. The Petitioner has a Certificate of Vending (hereinafter, ‘CoV’) bearing URI No. 5447518 under the category ‘Food/ Snack with gas cylinder/ fire’ Signature Not Verified Digitally Signed W.P.(C) 7116/2026 Page 1 of 4 By:RAHUL Signing Date:23.05.2026 15:15:26 issued by the Municipal Corporation of Delhi (hereinafter, ‘MCD’). The Petitioner is aggrieved by the fact that he has not been allowed to use the gas cylinder and the authorities including the police are repeatedly harassing and obstructing him from peacefully vending at his spot of vending. 4. Ld. Counsel for the MCD submits that the Petitioner is using two big gas cylinders which would not be permissible as per the conditions of the CoV. 5. The Court has considered the matter and has perused the photograph as also the CoV. The photograph of