The Delhi High Court held that street vendors cannot sell pan masala, gutka, or similar products near schools where young children study. The ruling came while hearing Suresh Shah’s plea seeking protection to continue vending peacefully near Nizamuddin Railway Station in South Delhi.
The Delhi High Court has held that street vendors should not be allowed to sell pan masala, gutka, or similar items near schools where young children are studying.
The court made this observation while hearing a petition filed by Suresh Shah under Article 226 of the Constitution, seeking directions to permit him to vend peacefully from a vending site near VIP Gate at Nizamuddin Railway Station in South Delhi.
Shah argued that officials of the Municipal Corporation of Delhi (MCD) and Delhi Police repeatedly obstructed him from carrying out vending activities, even though he holds a valid Certificate of Vending (CoV).
He submitted that he was being prevented despite complying with the required authorization.
The court also noted that photographs produced by the MCD showed Shah selling products including pan masala, gutka, cigarettes, and other similar items, and that cleanliness at the vending site was not maintained.
After considering the matter, a Division Bench of Justices Pratibha M. Singh and Vikas Mahajan issued the following directions:
- 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.
- 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.
- The Petitioner shall be permitted to use a small gas cylinder which does not occupy too much space.
- 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;
- 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;
- 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;
- No permanent or temporary construction shall also be erected by the Petitioner;
The Court also directed that the petitioner must operate only within the allotted vending space and should not encroach upon pedestrian pathways or obstruct public movement. He was further directed to maintain proper cleanliness and hygiene around the vending site and keep a dustbin nearby.
Additionally, the Court ordered that the petitioner must not create any third-party interest in the provisional Certificate of Vending or sub-let the vending site. It also prohibited any permanent or temporary construction at the vending location.
The Bench clarified that these directions would remain subject to any future plan framed by the concerned Town Vending Committee under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and that the petitioner would not claim any vested right over the site.
Finally, the Court directed the concerned Assistant Commissioner of the MCD to identify an alternative vending location within three days. Once the site is allotted, the petitioner must shift his vending activities there and comply with all the conditions imposed by the Court.
Until then, the Court ordered that the petitioner should not be disturbed from peacefully carrying on his vending business in accordance with his valid Certificate of Vending.
Case Title: Suresh Shah vs MCD