Sunita Devi vs Municipal Corporation Of Delhi And Ors on 20 July, 2026

    0
    5
    ADVERTISEMENT

    Delhi High Court

    Sunita Devi vs Municipal Corporation Of Delhi And Ors on 20 July, 2026

    Author: Prathiba M. Singh

    Bench: Prathiba M. Singh

                              $~39
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                            Date of decision: 20th July, 2026
                                                                               Uploaded on: 21st July, 2026
    
                              +                          W.P.(C) 6429/2026
                                     SUNITA DEVI                                              .....Petitioner
                                                         Through:     Mr. Aditya, Mr. Vipin Kumar, Mr.
                                                                      Anjani Kr. Mishra, Ms. Pralika
                                                                      Chakraborty, Mr. Fareeduddin & Ms.
                                                                      Srejal Mishra, Advs. (M: 8699723746)
                                                         Versus
    
                                     MUNICIPAL CORPORATION OF
                                     DELHI AND ORS.
                                                                                           .....Respondents
                                                         Through:     Ms. Meherunnisa A. Jaitley & Mr.
                                                                      Aryan Tyagi, Advs. for R-1 & 4. (M:
                                                                      9717100486)
                                                                      Mr. Chiranjiv Kumar, Mr. Nring
                                                                      Chamwibo Zeliang, Advs. with SI
                                                                      Nitesh PS Sagarpur for R-2 & 3. (M:
                                                                      8730027929)
                                                                      Ms. Urvi Mohan, Panel Counsel for
                                                                      GNCTD.
    
                                     CORAM:
                                     JUSTICE PRATHIBA M. SINGH
                                     JUSTICE VIKAS MAHAJAN
                              Prathiba M. Singh, J. (Oral)
    

    1. This hearing has been done through hybrid mode.

    2. The present petition has been filed by the Petitioner- Ms. Sunita Devi
    under Article 226 of the Constitution of India, inter alia, seeking directions to
    the Respondents to allow the Petitioner to peacefully vend from the vending

    SPONSORED

    W.P.(C) 6429/2026 Page 1 of 6
    Signature Not Verified
    Digitally Signed
    By:DEVANSHU JOSHI
    Signing Date:21.07.2026
    18:07:10
    site i.e., on the open space, Gandhi Market Chowk, opposite police booth,
    West Sagarpur Najafgarh Zone, Ward S-31, New Delhi (hereinafter, the
    vending site’).

    3. The case of the Petitioner is that she is a street vendor who has been
    vending from the vending site for several years.

    4. The Petitioner has been issued a Certificate of Vending (hereinafter,
    ‘CoV’) bearing URI No.2459556 under the category of ‘Others’ for vending
    at Najafgarh Zone, Ward- S-31.

    5. The Petitioner is running a small vend from the vending site, where she
    sells clothes, apparel, and other similar items.

    6. The photograph of Petitioner’s vend is set out below:

    W.P.(C) 6429/2026 Page 2 of 6
    Signature Not Verified
    Digitally Signed
    By:DEVANSHU JOSHI
    Signing Date:21.07.2026
    18:07:10
    W.P.(C) 6429/2026 Page 3 of 6
    Signature Not Verified
    Digitally Signed
    By:DEVANSHU JOSHI
    Signing Date:21.07.2026
    18:07:10

    7. The grievance of the Petitioner is that she is not being allowed to

    W.P.(C) 6429/2026 Page 4 of 6
    Signature Not Verified
    Digitally Signed
    By:DEVANSHU JOSHI
    Signing Date:21.07.2026
    18:07:10
    peacefully vend from the vending site and her business activities are being
    repeatedly obstructed by the concerned officials of the Delhi Police and
    Municipal Corporation of Delhi (hereinafter, ‘MCD’), despite having a CoV.

    8. On 13th July, 2026, Ms. Meherunnisa A. Jaitely, ld. Counsel for the
    MCD was requested to accept notice in the matter and was directed to seek
    instructions.

    9. Today, ld. Counsel for the MCD has placed on record certain
    photographs showing that the Petitioner’s vending site is situated at the
    entrance of Gandhi Market. According to her, the MCD has not interfered
    with the Petitioner’s vending activities, and any obstruction or disturbance
    appears to have been caused by the Market Association.

    10. Heard. After having perused the record, it is clear that the CoV of the
    Petitioner is under the category of ‘Others’. Thus, the Petitioner has to operate
    as a mobile vendor.

    11. However, the Petitioner is operating from a temporary stationary vend,
    which would be contrary to the terms and conditions of the CoV.

    12. At this stage, ld. Counsel for the Petitioner submits that his client is
    willing to convert her vend into mobile vend.

    13. Under these circumstances, it is directed that the Petitioner shall operate
    her vend as a mobile vend, either as a mobile cart or in some other form.

    14. Further, the Petitioner shall also ensure that no obstruction is caused at
    the entry of the Gandhi market, in any manner whatsoever.

    15. Subject to aforesaid and subject to the Petitioner adhering to the terms
    and conditions of the CoV, her vending activities shall not be disturbed.

    W.P.(C) 6429/2026 Page 5 of 6
    Signature Not Verified
    Digitally Signed
    By:DEVANSHU JOSHI
    Signing Date:21.07.2026
    18:07:10

    16. The petition is disposed of in the above terms. Pending applications, if
    any, are also disposed of.

    PRATHIBA M. SINGH
    JUDGE

    VIKAS MAHAJAN
    JUDGE

    JULY 20, 2026/dk/sm

    W.P.(C) 6429/2026 Page 6 of 6
    Signature Not Verified
    Digitally Signed
    By:DEVANSHU JOSHI
    Signing Date:21.07.2026
    18:07:10



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here