Case Law Analysis

No Right to Survey Participation for Vendors Lacking Provisional Certificate | Future NDMC Surveys : Delhi HC

The Delhi High Court ruled that street vendors without a valid provisional certificate of vending cannot be compelled to take part in any future NDMC surveys, and such participation does not confer any right to continue vending at the same sites. This limits the ability of unauthorized vendors to influence municipal data collection and reinforces NDMC’s authority to enforce vending regulations.

Cassie News NetworkCassie News Network
Jul 30, 2026, 4:43 PM(Updated: Nov 3, 2026)
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No Right to Survey Participation for Vendors Lacking Provisional Certificate | Future NDMC Surveys : Delhi HC

The Delhi High Court rejected a petition by seven street vendors who sought a directive compelling the New Delhi Municipal Council (NDMC) to allow them to take part in future surveys, emphasizing that without provisional Certificates of Vending they have no legal right to continue vending at the present sites.

Background & Facts

The Dispute

The petitioners, seven street vendors operating near the DMS depot No. 451-452, East Kidwai Nagar and at the corner of NBCC Barat Ghar, Kidwai Nagar, New Delhi, filed a writ petition under Article 226 of the Constitution of India. They requested that the NDMC permit them to participate in any future survey of street vendors that the authority might conduct.

Key Facts

  • The petitioners do not possess any provisional Certificates of Vending (CoV).

  • They have been vending on public land, including footpaths and roads, without any valid authorization.

  • Photographs placed on record show encroachment on public spaces.

  • The NDMC completed a survey of street vendors in 2025; no future survey has been announced.

  • The constitution of the Town Vending Committee (TVC) is still under process.

Procedural History

  • 28 July 2026: The writ petition (W.P.(C) 10441/2026 & CM APPL. 48460-61/2026) was heard by a Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan.

  • The petition was disposed of on the same day, with the court refusing the relief sought.

Parties' Positions

  • Petitioners argued that they should be allowed to participate in any future survey and that such participation would safeguard their livelihood.

  • Respondents (NDMC) contended that the petitioners are unauthorised vendors, lack CoV, and are occupying public land unlawfully; therefore, no right to participation exists.

Relief Sought

The petitioners sought a direction compelling the NDMC to permit their participation in any future survey and to recognize a right to continue vending at their present locations.

Case Details

Dinesh Kumar & Ors. v. New Delhi Municipal Council & Anr.

2026:DHC:6059-DB
PDF
Court
High Court of Delhi at New Delhi
Date
28 July 2026
Case Number
W.P.(C) 10441/2026 & CM APPL. 48460-61/2026
Bench
Justice Prathiba M. Singh, Justice Vikas Mahajan
Counsel
Pet: Bharat Aggarwal, Kanhiya, Namrata Sharma
Res: Sriharsha Peechara, Chetanya Singh, Soumit Ganguli, Ravicha Sharma, Swati, Akash Sharma

Frequently Asked Questions

The Court held that vendors lacking a valid CoV are unauthorised and therefore have no entitlement to be included in future surveys.
The judgment clarified that even if a vendor is allowed to participate in a future survey, it does not confer any right to continue vending at the present sites.
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Disclaimer

This article is for informational purposes only and does not constitute legal advice. The views expressed are based on the judgment analysis and should not be taken as professional counsel. Please consult with a qualified attorney for advice specific to your situation.