Surender Kumar Arora vs Municipal Corporation Of Delhi And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of Decision: 2 November, 2026
th
Uploaded on: 4 November, 2026
# CNR No. DLHC010006662026
+ W.P.(C) 486/2026 & CM APPL. 75480/2026
SURENDER KUMAR ARORA .....Petitioner
Through: Mr. Aditya, Advocate.

versus

MUNICIPAL CORPORATION OF DELHI AND
ORS .....Respondents
Through: Ms. Meherunnisa A. Jaitley Adv. Mr.
Aryan Tyagi Adv. for R-1 and 2.

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 75480/2026 (for early hearing)
2. This is an application seeking early hearing. In view of the fact that the
counter affidavit has already been filed and the matter could not be taken up
from the last two three dates, early hearing application is allowed.
3. Application is disposed of.
W.P.(C) 486/2026
4. The present petition has been filed by the Petitioner under Article 226
of the Constitution of India, inter alia , seeking issuance of an appropriate writ
directing the Respondents to allow the Petitioner to squat peacefully at his
Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026 16:44
W.P.(C) 486/2026 Page 1 of 6

tehbazari site being Site No. 2, Opposite Shop No. 25, Main Market, Malviya
Nagar, Delhi-110017.
5. The case of the Petitioner is that he ought not to be disturbed from his
tehbazari site in Malviya Nagar.
6. Ld. Counsel for the Respondent No. 1 - Municipal Corporation of Delhi
(hereinafter, ' MCD ') submits that this is the fourth petition filed by the
Petitioner and the Petitioner is repeatedly seen to be violating his conditions
and encroaching upon different locations in the Malviya Nagar area.
7. Notice was issued vide order dated 14th January, 2026.
8. Today, submissions have been heard on behalf of the parties.
9. The Court has perused the counter affidavit filed by the MCD wherein
in paragraph 23 it is stated as under:-
“23. That the Prayer Clause of the Petition in so far
as prayer (I) is concerned, cannot be granted by this
Hon'ble Court as the Petitioner has never been allotted
the Subject Site. The question of the Petitioner being
permitted to squat at such Site therefore, cannot arise.
In so far as the alternative relief at prayer clause (II) is
concerned, it is clarified that the Petitioner is already in
possession of the said Site, but refuses to carry on
business from there. The contents of clause (III) are
denied in entirety.”

10. The stand of the MCD in its counter affidavit is that the Petitioner is
seeking relief in respect of site No. 2 Opposite Shop No. 25, Main Market,
Malviya Nagar Delhi (hereinafter ‘ first site ’). However, vide order dated 14th
March, 2002 of the Assistant Commissioner of Delhi, he had been allotted a
site opposite main market Malviya Nagar on the Nala (hereinafter ‘ second
site ’).
Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026 16:44
W.P.(C) 486/2026 Page 2 of 6

11. According to the MCD, the insistence of the Petitioner for allotment of
the first site is not maintainable.
12. Further the ld. Counsel for the MCD also states that the Petitioner is a
part-owner of Shop No. 25, Main Market, Malviya Nagar and is therefore
attempting to obtain a tehbazari license as well for the first site, which is not
permissible.
13. Relevant paragraphs of the counter affidavit of the MCD are set out
below:-
“5. That at the outset, it is relevant to mention that the
relief sought by the Petitioner cannot be granted, in so
far as the Petitioner has never been allotted the Subject
Site, i.e., Site No. 2, Opposite Shop No. 25, Main
Market, Malviya Nagar, Delhi 110017 to carry on his
business. Further, in so far as the alternative relief of
handover of the Tehbazaari Site being Opposite Main
Market, Malviya Nagar on Nala ("New Allotted Site") is
concerned, it is pertinent to mention that despite the
same being handed over and available to the Petitioner
for use, the Petitioner has deliberately refused to squat
at such Site, choosing instead, to violate the terms of his
License repeatedly, so as to be able to squat at the
Subject Site, which is for him, conveniently located
opposite Shop No. 25, Main Market, Malviya Nagar, as
the said Shop is partly owned by him.
7. That the facts relevant for adjudication of the present
Petition are set out briefly hereunder:
i. The Petitioner is the part-owner and occupier of Shop
No. 25, Main Market, Malviya Nagar, from which Shop
he sells bags and other items.
ii. On 20.09.1994 the Answering Respondents allotted a
tehbazaari Site in the name of the Petitioner at R.K
Puram, Sector VI.
iii. The Petitioner, vide request dated 04.04.1997 (at
ANNEXURE P4 to the Petition), informed the Licensing
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Signed By:RAHUL
Signing
Date:04.11.2026 16:44
W.P.(C) 486/2026 Page 3 of 6

Department, General Branch South Zone of the
Answering Respondents, that owing to a dispute over
ownership of land at the allotted site in R.K Puram,
Sector VI, he was not being permitted to squat
peacefully by locals and shopkeepers. Hence, the
Petitioner requested permission to squat at the Subject
Site instead.
iv. The Petitioner, vide Order No. 12/AC/SZ/2002 dated
14.03.2002, allotted the Petitioner Tehbazaari Site
Opposite the Main Market, Malviya Nagar on Nala
("Original Allotted Site"), which was adjacent to the
parking for the Malviya Nagar Market (at ANNEXURE
P6 to the Petition). Around 15-20 squatters were
already located along the said Nala, and the Petitioner
took over the Original Site (Location available from Site
Plan at ANNEXURE P2 to the Petition.
v. From the Original Allotted Site, the Petitioner slowly
encroached into the parking of the Main Market so as to
place his wares directly opposite Shop No. 25, Malviya
Nagar Market, i.e., the Subject Site, also encroaching
on Government Land in the process by way of erecting
structures using bricks, tin, shed, ballies and asbestos
sheets, which in itself amounts to a violation of the terms
and conditions of Tehbazaari License.”

14. The grievance of the MCD is that the Petitioner, under the garb of the
allotment of the second site is slowly encroaching on the first site as well,
which is not permissible.
15. Hence, the MCD has taken action repeatedly against the Petitioner.
Thus, no relief sought deserves to be granted to the Petitioner.
16. Mr. Aditya, ld. Counsel for the Petitioner, on the other hand, submits
that he undertakes that the Petitioner would not squat or carry out his vending
activities at the first site. He is satisfied with the second site allotted to him.
17. Considering these facts, the present petition is disposed of with the
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Signed By:RAHUL
Signing
Date:04.11.2026 16:44
W.P.(C) 486/2026 Page 4 of 6

following directions:-
i) The Petitioner would not be entitled to vend or squat on the first
site described above.
ii) The Petitioner shall not be disturbed if he wishes to vend from
the second site.
iii) The TVC-2 upon constitution shall take a decision as to the
issuance of the certificate of vending for the second site.
iv) No rights can be claimed by the Petitioner for the first site in
question.
18. Subject to the Petitioner abiding by all the terms and conditions of the
Certificate of Vending, the Petitioner shall be permitted to vend from the
second site. For now the standard terms and conditions to be adhered to by
the Petitioner are set out below-
“1. Vendor shall not have any other permanent or long-
term vending certificate.
2. Vending certificate is non-transferable.
3. It is mandatory for the vendor to follow the vending
period and zone as determined by TVC or local body.
4. Vendor shall not give his vending certificate on rent
in any way.
5. Vendor shall not have any infectious disease.
6. Vendor shall have to take care of hygiene on vending
place/zone and nearby area and also take care of public
health.
7. Vendor shall display copy of vending certificate on
his place/vending site and will produce original
documents to TVC/concerned inspector whenever
required.
8. Vendor/Squatter shall insure that no hindrance be
caused to pedestrian and vehicular moment.
9. Vendor shall not vend/sell any harmful, dangerous
and polluted items. It should also be ensured that the
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Signed By:RAHUL
Signing
Date:04.11.2026 16:44
W.P.(C) 486/2026 Page 5 of 6

quality of the products sold and services provided to the
public conform to the prescribed standards of public
health, hygienic conditions and safety.
10. The street vendor shall not do any
unauthorized/illegal activity.
11. Mobile vendors shall not stay or vend more than 30
minutes or time prescribed by the TVC at place in a
vending/squatting zone.
12. Vendors will not block footpaths and will not vend
on roads. Vendor should take care of space in front of
vending stalls/counters on footpath for pedestrians.
13. Vending certificate can be cancelled or suspended
on the basis of violations.
14. Vendor shall not build or construct any kind of
permanent or temporary structure at vending site.
15. Seller shall adopt health and hygiene conditions as
required by local laws and court orders.
16. Vendor have to follow all the conditions mentioned
in Delhi Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Scheme, 2019”

19. The petition is disposed of in these terms. Pending applications, if any,
th
are also disposed of. The next date of hearing, i.e., 14 January, 2027 stands
cancelled.

PRATHIBA M. SINGH
JUDGE


DINESH BHATT
JUDGE
NOVEMBER 2, 2026
MR/as
Signature Not Verified
Signed By:RAHUL
Signing
Date:04.11.2026 16:44
W.P.(C) 486/2026 Page 6 of 6