Delhi High Court: Street Vendors Cannot Sell Pan Masala, Gutka Around Schools

The Delhi High Court has ruled that street vendors cannot be permitted to sell pan masala, gutka and other similar products close to a school where young children are studying.

High court's division bench has made said observation while hearing a petition filed by one Suresh Shah under Article 226 of the Constitution of India, seeking directions to allow him to peacefully vend from the vending site near VIP Gate, Nizamuddin Railway Station, South Delhi.

Shah told court that he was repeatedly obstructed by the concerned officials of the Municipal Corporation of Delhi (‘MCD’) and Delhi Police from peacefully carrying out his vending activities, despite the fact that he has a proper Certificate of vending or CoV.

Photograph produced by the MCD revealed that Shah was selling products such as pan masala, gutka, cigarettes and other similar items and that failed to maintain cleanliness at the vending site.

Noting that Shah holds a valid CoV a bench of Justices Pratibha M Singh and Vikas Mahajan have ordered:

i) The MCD shall ensure that the Petitioner does not, in any manner, obstruct the ingress to or egress from the school by its students, parents or faculty. The MCD shall, accordingly, identify an appropriate space from where the Petitioner may carry on vending activity.
ii) The Petitioner shall not sell any products such as pan masala, gutka, cigarettes or any other tobacco products which could be harmful to the children, outside or in the vicinity of the Mata Sushila Malhotra DAV Primary School.
iii) The Petitioner shall be permitted to use a small gas cylinder which does not occupy too much space.
iv) The Petitioner shall restrict himself to a particular space, where he is operating from, and shall not extend/encroach to the pedestrian areas or cause obstruction in movement of pedestrians;
v) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend;
vi) It shall be ensured that the Petitioner shall not create any third-party interest in this provisional CoV and there shall be a bar on sub letting or any handing over possession to any third party;
vii) No permanent or temporary construction shall also be erected by the Petitioner;

Case Title: Suresh Shah vs MCD

Bench: Justices Pratibha M Singh and Vikas Mahajan

Order Date: July 1, 2026