Suleman Abbas vs Municipal Corporation Of Delhi And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 17 July, 2026
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Uploaded on: 20 July, 2026
+ W.P.(C) 16152/2025 and CM APPL. 66099/2025 and CM APPL.
30821/2026
SULEMAN ABBAS .....Petitioner
Through: Ms. Renu, Mr. Swagata Gupta, Mr.
Kamlesh Kumar Mishra and Ms.
Shivani Verma, Advs.
versus
MUNICIPAL CORPORATION OF DELHI
AND ORS .....Respondents
Through: Ms. Shilpa Ohri, ASC for R-1.
Mr. Devvrat Yadav, SPC with Mr.
Kartik Sharma, GP for UOI.
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 seeking inter alia ,
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directions to the Respondents to implement the order dated 6 December,
2019 issued by the Assistant Commissioner, Municipal Corporation of Delhi
and give physical possession of the tehbazari site allotted to the Petitioner.
3. The brief background of the present case is that, the Petitioner is stated
to be an old squatter who had a tehbazari site at Dangal Maidan . However,
the said site was demolished for the redevelopment plan of Dangal Maidan
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:20.07.2026
18:16:02
W.P.(C) 16152/2025 Page 1 of 7

parking.
4. Pursuant to the said demolition, the MCD vide order dated 6th
December, 2019 reallotted the tehbazari site of the Petitioner to Kucha Natwa,
Chandni Chowk in accordance with letter dated 2nd April, 2018 having
reference no. No. ADC/ CSPZ/2018/D-8 , as per which tehbazaris of SPM,
Kauria Pul, Khoya Mandi, Bankhandi Mandir, DEMS(HQ) and Dangal
Maidan were shifted to Subzi Market, Bagh Deewar .
5. In compliance with the aforesaid order, a possession slip dated 3rd
January, 2020 was issued to the Petitioner by Administrative Officer, City-
SP.
6. The Petitioner is one of the seven tehbazari holders, who was issued
the aforesaid possession slip site at Kucha Natwa, Chandni Chowk.
7. However, in the said site, the Petitioner had made permanent
construction which led to the allotment of the tehbazari site being cancelled.
8. The said cancellation was challenged by the Petitioner in the writ
petition being W.P.(C) 1403/2022 titled ‘Suleman Abbas & Ors. v. North
Delhi Municipal Corporation & Ors.’ .
9. In the said writ petition, vide order dated 24th January, 2022, this Court
took serious note of the fact that the Petitioner and other such tehbazari
holders had placed temporary lockable structures with shutters at the vending
sites.
10. The Court, after having heard the MCD and Petitioners therein, had
come to the conclusion that this was in clear violation of the vending
conditions itself. Thus, the Court observed as under:
“13. Secondly, the concept of Tehbazari and Street
Hawking and Vending does not envisage that the
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:20.07.2026
18:16:02
W.P.(C) 16152/2025 Page 2 of 7

hawkers or vendors would occupy – round the clock,
any particular place, or erect on the allotted site any
structure – whether permanent or temporary, much
less, on their own . All that the Supreme Court observed
in the aforesaid order was that the MCD was proposing
to allow the Tehbazari/ vending sites to be covered –
wherever possible, for which standard design would be
evolved by the Corporation. It does not mean that the
hawkers and vendors can occupy permanently, or even
round the clock, Tehbazari/ vending sites. The activity
of Tehbazari /vending itself postulates that the activity
would be carried out only on the days the said activity
is permitted; during the times of the day when such
activity is permitted, and within the area, within which
the activity is permitted. There is no question of any
hawker or vendor, staking a claim to occupy any public
space in the name of hawking and vending, round the
clock, by placing a lockable structure with shutters–
temporary or otherwise, at the site and converting the
same into a shop, where the hawker/ vendor and his
goods can permanently remain round the clock.
xxx xxx xxx
16. It is clear to us that the MCD itself appears to have
misunderstood the concept of street hawking and
vending – if the submission of Ms. Aggarwal were to
be accepted, that they have themselves come up with
the design of a lockable kiosk with shutters, which may
be erected at the Tehbazari site to provide protection
against inhospitable weather conditions to the hawkers
and vendors. A Tehbazari license is merely a hawking
and vending license on the street. The street is meant
primarily for the use of the people to commute – either
on foot or in a vehicle – motored or manually driven.
The Tehbazari license does not give a right to the
licensee to claim or usurp any part of the public street,
or foot path, for his or her exclusive use by placing,
either permanent or temporary structure. Just like the
public, the hawker/ vendor can use the street, however,
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Digitally Signed
By:DEEPAK SINGH
Signing Date:20.07.2026
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W.P.(C) 16152/2025 Page 3 of 7

for carrying out the activity of hawking/ vending on the
street, he/ she must obtain a license. He may keep/
display his goods and wares strictly in terms of the
license However, that license cannot be construed as
an allotment of a parcel of land on the street for the
exclusive use of the licensee. The installation of the
lockable kiosk with shutters- of the kind placed by the
petitioner seeks to do that. We may also observe that the
kiosks/ structures in question are – in the context of the
rights of the pedestrians and other users of streets,
pathways and public spaces, permanent and cannot be
considered as temporary. This is because these
structures/ kiosks – though not rooted and embedded
into the earth, are not capable of being moved by
persons while use in public streets, pathways and
spaces, if they are found to be causing obstruction. They
would require several people to move them from one
place to another, and may even require machinery and
equipment for being moved. Thus, for all practical
purposes they are permanent.
17. The state of the city today is alarming vis-à-vis
hawking and vending activities which are taking place
in already crowded markets. The open spaces meant for
pedestrians, commuters and market goers have been
completely taken over by the street vendors and
hawkers, to the grave detriment of the citizenry.
18. Recently, we had occasion to look at photographs
of hawkers and vendors in Chandni Chowk area,
carrying on their hawking and vending activity on
open pavements and path ways. We found that the said
activities were being carried out in a completely
unregulated manner, and hawkers and vendors have
sprawled themselves, and their goods, at will, all over
the place, including right in the middle of the walk
ways and even under the bus shelter .”
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:20.07.2026
18:16:02
W.P.(C) 16152/2025 Page 4 of 7

11. In terms thereof, the Court has observed that a tehbazari licensee cannot
erect a lockable, shuttered kiosk and turn the vending site into a shop. Further,
it was also noted that such kiosks created by the Petitioner, being immovable
in any practical sense, were permanent structures.
12. Under these circumstances, the petition filed by the Petitioner and other
similarly placed tehbazari holders was dismissed with costs of Rs.5,000/- and
their structures were removed.
13. In another writ petition being W.P.(C) 1847/2020 titled ‘Kucha Natwa
Resident Vikas Association Regd. and Ors. v. North Delhi Municipal
Corporation’ the Kucha Natwa resident Vikas Association had approached
the Court challenging the order dated 6th December, 2019.
14. In the said petition, vide order dated 25th January, 2024, the Court had
observed that the Petitioner along with the other tehbazari holders had been
allotted sites at Kucha Natwa, Chandni Chowk and had rejected the
contentions of the Petitioners-RWA therein. The relevant portion of the said
order dated 25th January, 2024 is set out below:
“....4. Prima facie, we are unable to accept this
contention. The site plan clearly indicates that the site
is located between the two sets of stalls on the same
road. Therefore, the contention that it would further
narrow the main Kucha Natwa Market Road, is not
persuasive. The stretch of the said road is narrower
than what would remain after the allocation of the
sites.
5. At this stage, the learned counsel for petitioners
submit they may be permitted to make representations
to the Municipal Corporation of Delhi.
6. In view of above, the present petition stands disposed
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Digitally Signed
By:DEEPAK SINGH
Signing Date:20.07.2026
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W.P.(C) 16152/2025 Page 5 of 7

of by granting liberty to the petitioners to make
representations to the Municipal Corporation of Delhi
for considering the feasibility of reallocating at the
more appropriate site, if otherwise available. Pending
applications also stands disposed of.”
15. The present writ petition has now been filed for identification and
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allocation of tehbazari site to the Petitioner, pursuant to order dated 25
January, 2024 in W.P.(C) 1847/2020 .
16. On 7th May, 2026, an application had been filed by the Petitioner
seeking physical possession of the site at Kucha Natwa, Chandni Chowk. On
the said date, the Court had issued notice in the application and MCD was
directed to seek instructions and file its reply.
17. Today, the status report-cum-affidavit has been filed by the MCD.
18. The submission on behalf of the Petitioner is that despite the order
dated 25th January, 2024, no space has been allotted to the Petitioner.
19. On the other hand, ld. Counsel for the Respondent submits that the
Petitioner was given an alternative site, however, the Petitioner did not
comply with the conditions and had erected a permanent structure, which led
to the demolition of the said structure. Thus, the Petitioner is to blame himself
for his own situation.
20. Heard. A perusal of the status report filed on behalf of the MCD would
reveal that, insofar as the new alternate site at Kucha Natwa, Chandni Chowk
is concerned, the Resident Welfare Association had objected to the tehbazari
holders being allotted sites there, inasmuch as the space is very narrow and,
consequently, even the No Objection Certificates from the Fire Department,
etc. were not being obtained.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:20.07.2026
18:16:02
W.P.(C) 16152/2025 Page 6 of 7

21. In these circumstances, the only order that this Court is inclined to pass,
at this stage, is that the Petitioner who only has a possession slip for Kucha
Natwa, Chandni Chowk, which was given a few years ago, cannot as a matter
of right, continue to claim rights to hold the specific site at Kucha Natwa.
22. The Town Vending Committee of the MCD is in the process of being
constituted in July, 2026, and the elections are presently underway.
23. Accordingly, it is directed that upon the TVC being constituted, an
alternate site where the Petitioner shall be permitted to vend shall be identified
by the concerned TVC within a period of three months.
24. The Petitioner shall ensure that in the alternate site, the terms and
conditions of the tehbazari license shall be duly complied with and there
would be no violation of the same.
25. The petition is disposed of in the above terms. The pending applications
are also disposed of.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
JULY 17, 2026/ aj/sm
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:20.07.2026
18:16:02
W.P.(C) 16152/2025 Page 7 of 7