Court affirms that street vendors without valid licenses have no right to vend in designated no-vending areas, dismissing petitions challenging NDMC's enforcement under Street Vendors Act, 2014
In a significant ruling delivered on August 21, 2026, the Delhi High Court, presided over by Justice Mini Pushkarna, upheld the New Delhi Municipal Council's (NDMC) decision to remove goods and evict street vendors operating illegally in the "No Vending Zones" of Connaught Place and Connaught Circus. The court dismissed petitions filed by Mahavir Jain and others, who claimed pre-existing rights to vend in these areas, despite lacking valid vending licenses or certificates.
The judgment reaffirms the legal framework governing street vending activities as per the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 ("Street Vendors Act") and the Delhi Street Vendors Scheme, 2019. The court clarified that the Act explicitly prohibits any vending activities in areas earmarked as "No Vending Zones." This includes high-profile commercial areas such as Connaught Place, which NDMC has declared as no-hawking and no-vending zones to maintain pedestrian movement and public order.
The petitioners relied on their inclusion in a list of unauthorized squatters compiled by NDMC pursuant to a Supreme Court directive dated May 1, 2012, arguing that this status conferred a right to vending or at least to be considered for allotment of vending licenses. However, the court rejected this contention, emphasizing that the list merely identified unauthorized squatters and did not grant any vending rights or licenses. Further, the process of allotting licenses through lottery, which was to follow the list's preparation, was stalled due to ongoing litigations, and no vending certificates were issued to the petitioners.
The Court also relied on an earlier Division Bench judgment dated May 18, 2016, which set out the parameters for regulating street vending, including the principle that vendors without valid licenses who operate in no-vending zones can be lawfully evicted. The Court stressed that vending rights are subject to verification, allotment, and regulation by Town Vending Committees (TVCs), and that mere possession of receipts or survey acknowledgments does not confer any right to vend.
In addition, the Court cited the Delhi Street Vendors Scheme, 2019, which explicitly bars vending in non-vending zones and mandates that vendors must not cause obstruction to pedestrian movement or public spaces. It was noted that Connaught Place and Connaught Circus have been consistently declared as no-vending zones, with only a small number of about 80 authorized vendors permitted to operate under special recognition. The petitioners did not belong to this recognized group.
The Court further dismissed allegations of contempt of court against NDMC for purported non-compliance with earlier orders, finding no evidence of willful disobedience. The contempt notices issued to the petitioners were discharged, and the petitions were dismissed with all pending applications disposed of.
This ruling underscores the judiciary's commitment to balancing the rights of street vendors with the broader public interest in maintaining lawful use of public spaces, pedestrian safety, and urban order. It also highlights the legal necessity for street vendors to obtain valid licenses and comply strictly with designated vending zones to enjoy protection under the law.
Bottom Line:
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - No vending activity can be carried out in areas designated as 'No Vending Zones' under the Act and relevant schemes. Petitioners lacking valid vending certificates or licenses cannot claim rights to vend in such zones.
Statutory provision(s):
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 Sections 12, 21; Government of National Capital Territory of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 Clauses 1.1.20, 2.1.6(g)
Mahavir Jain v. Amit Yadav, (Delhi) : Law Finder Doc Id # 2971323
