Delhi HC Allows Street Vendor With Provisional CoV To Operate With Small Gas Cylinder, Subject To Safety, Hygiene Conditions
Delhi High Court permits petitioner to vend with small gas cylinder while directing compliance with conditions on pedestrian movement, traffic, cleanliness and hygiene.
Delhi HC Allows Street Vendor With Provisional CoV To Use Small Gas Cylinder
The Delhi High Court on August 19 permitted a street vendor holding a provisional Certificate of Vending (CoV) to operate his food vend with a small gas cylinder, subject to conditions concerning safety, pedestrian movement, traffic, cleanliness and hygiene.
A Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan passed the order while hearing a petition filed by Sudesh Kumar, who sought directions to allow him to peacefully vend from an open space at Madhya Marg, adjoining the Booster Pump Boundary Wall, Tughlakabad Extension, Central Zone, New Delhi.
Kumar's case was that he had been vending from the site for several years. He had been issued a provisional CoV under the category of “Food snack with gas cylinder/fire” for Central Zone, Ward-S-82, New Delhi.
He alleged that he was being regularly harassed by officials of the Municipal Corporation of Delhi (MCD) and the Delhi Police while operating his vend from the site.
The Bench noted that it had passed similar directions recently in matters involving vendors operating under the category of “Food/Snack with gas cylinder/fire.”
The Court referred to its orders in Rajendra Singh v. Commissioner of Police and Ors., passed on February 2, 2026; Mohd Badruddin v. Municipal Corporation of Delhi & Ors., passed on January 8, 2026; and Rihana v. MCD & Ors., passed on February 5, 2026.
"In this background, to protect the livelihood of the Petitioner" the Court disposed of the petition by permitting him to operate his vend subject to specified conditions.
The Court directed that Kumar could operate his vend but would have to use a gas cylinder which does not occupy too much space. It clarified that only a small gas cylinder for heating food and snacks could be used by him.
The Bench further directed the petitioner to restrict himself to a particular space so that his vending activity would not obstruct the movement of pedestrians or cause traffic congestion for vehicular traffic on the roads.
He was also directed to maintain cleanliness and hygiene around the vend and ensure the presence of a dustbin near it.
Subject to these conditions, the Court directed that Condition No. 11 of the provisional CoV would not apply to Kumar. He would, however, continue to comply with all other conditions contained in the CoV.
The Bench also imposed restrictions concerning the vending permission. It directed that the petitioner would not create any third-party interest in the provisional CoV and that there would be a bar on sub-letting or handing over possession to any third party.
The petitioner was also prohibited from erecting any permanent or temporary construction at the vending site.
The Court clarified that the directions would remain subject to any plan that the Town Vending Committee-II may formulate under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
It further made clear that no vested rights could be claimed on the basis of the order. The petition was accordingly disposed of, along with any pending applications.
Case Title: Sudesh Kumar v. Municipal Corporation of Delhi and Ors.
Date of Order: August 19, 2026
Bench: Justice Prathiba M. Singh and Justice Vikas Mahajan