Mohd. Nizam vs Municipal Corporation Of Delhi And Anr.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 18 May, 2026
st
Uploaded on: 21 May, 2026
+ W.P.(C) 6327/2025 & CM APPL. 33703/2026
MOHD. NIZAM .....Petitioner
Through: Mr. M. S. I. Israily and Mr.
Anas Ansari, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ANR.
.....Respondents
Through: Ms. Tajinder Virdi, SC for
MCD.
SI Lucky, P.S. Ranjit Nagar for
R2.
Mr. Kamlesh Kumar Mishra,
Ms. Shivani Verma, Ms.
Samishti Solomon and Mr. M.
Devendran, Advs. for
intervenors.
Ms. Shreya Bhardwaj, Adv. for
UOI
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner- Mohd. Nizam
under Article 226 of the Constitution of India, inter alia , seeking
directions to the Municipal Corporation of Delhi (hereinafter, ‘MCD’)
and the S.H.O P.S. Ranjit Nagar, Delhi to prevent the unauthorised
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:31:19
W.P.(C) 6327/2025 Page 1 of 7

vending and seeking regulation of the Saturday weekly market at XYZ
Block, Ranjeet Nagar, New Delhi.
3. The present petition was first listed on 13th May, 2025, wherein the
Court was apprised of the unauthorised manner in which the Saturday
weekly market was being carried out in the Ranjeet Nagar area. On the
said date, the Court was informed that the wife of the Petitioner had
passed away due to non-availability of timely transport to the hospital, in
view of the blocking of roads by the tehbazari vendors, who were vending
in the Ranjeet Nagar area.
4. In addition, the Court on the said date had also perused the
photographs which showed that the road in the XYZ block, Ranjeet Nagar
area was almost completely blocked due to the vending activities which
were being carried out.
5. Furthermore, the Court had also considered the further case of the
Petitioner that there were certain private individuals, collecting
‘Protection Money’ from hawkers, to permit vending activities in the said
area.
6. Under these circumstances, the Court vide order dated 13th May,
2025 had directed as under:
“[...]
13. Accordingly, the Deputy Commissioner of Police
(DCP) and the Deputy Commissioner (MCD) of the
concerned area shall conduct a joint thorough inquiry
in respect of the weekly market in Ranjeet Nagar, Delhi
including the allegation of collection of protection
money from hawkers to permit them to vend. A report
shall be placed before this Court.
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Signed By:RENUKA
NEGI
Signing Date:21.05.2026
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14. The MCD shall ensure that only those vendors who
are duly licenced by the MCD shall be allowed to vend
in the weekly market. In addition, the circular which is
placed on record dated 30th December, 2009 clearly
provides that the weekly markets would be held once a
week. The said circular reads as under:
“.... The Weekly Market would be held once a week on
the day on which the market/markets are closed in that
area.”
15. Let the Deputy Commissioner (MCD) take a
decision on the aspect of continuation of Saturday
weekly market and if so in what manner. Let strict
guidelines be framed and a report be placed before
this Court.
16. Both the authorities, i.e., the Deputy
Commissioner (MCD) and the DCP, Ranjeet Nagar,
shall jointly place a status report on the record, in
respect of the following aspects:
• The status of the Saturday weekly market and the
number of vendors who are vending;
• Whether all the said vendors are licensed;
• Collection of 'Protection Money' by any individuals
and if so what action has been taken;
• Whether there is adequate space for vehicular and
pedestrian movement;
• Recommendations of the MCD and the DCP, Delhi
Police on continuation of the Saturday weekly market;
17. List on 18th August, 2025
7. Pursuant thereto, the matter had been listed from time to time.
On 23rd May, 2026, ld. Counsel for the MCD had sought time to
apprise the Court about the proposal tabled by its officials for either
shutting down the Saturday weekly market or to conduct the same on
Mondays. Considering the same, the Court had passed the following
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Signed By:RENUKA
NEGI
Signing Date:21.05.2026
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W.P.(C) 6327/2025 Page 3 of 7

directions:
“[...]
3. Let the said proposal be finalised and the final
status report be placed on record by the MCD within
a period of four weeks and no further liberty shall be
granted.
4. The concerned Asst. Commissioner shall hear the
residents including the Petitioner and the street
vendors before finalising the proposal…”
8. Today, a status report has been filed by the MCD stating as
under:
“3. That the issue with regard to shutting
down/shifting of the Saturday Weekly Market from
its correcnt location, XYZ Block, Ranjeet Nagar had
been considered and the Competent authority vide
approval dated 02.04.2026 has approved the
relocation of XYZ Weekly Market from its current
location to Madhav Setu Road Ranjeet Nagar. A
letter vide no. D.1190/AC/KBZ/2026 dated
13.04.2026 has also been sent to DCP, Central
District, Daryaganj, New Delhi to pass necessary
direction to concerned Police Station so that the area
made encroachment free by shifting of weekly
market from XYZ Block to Madhav Setu Road,
Ranjeet Nagar is not reoccupied by the vendors. The
copy of the letter dated 13.04.2026 to DCP, Central
District, Daryaganj, New Delhi is annexed herewith
as Annexure-A.
4. That a meeting under the Chairmenship of
Assistant Commissioner, Karol Bagh Zone with
RWA's/Vendors and petitioner in the present matter
had also been fixed for 11.05.2026. The said meeting
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NEGI
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was attended only by the RWA members. The meeting
was again fixed for 15.05.2026. The minutes of the
meeting dated 11.05.2026 are annexed herewith as
Annexure-B.
5. That another meeting on 15.05.2026 under the
Chairmenship of Assistant Commissioner, Karol Bagh
Zone was convened which was attended by RWA's
members, Vendors and petitioner. However, a meeting
could not be concluded due to disruption and heated
altercation among them ”
9. According to the said status report, the stand of the MCD now
is that a decision has been taken to shut down the Saturday Weekly
Market from its current location in XYZ Blocks at Ranjit Nagar, Delhi
and to relocate the same to Madhav Setu Road, Ranjeet Nagar. In this
th
regard, a letter dated 13 April, 2026 has also been placed on record
with the said status report.
10. Further, ld. Counsel for the MCD submits that the meetings held
on 14th–15th May, 2026 between the vendors, RWA members, and
the Petitioner could not be concluded owing to the disruptions and
heated altercations between the residents and the vendors.
11. The Court has heard the parties and perused the records.
Considering that the MCD had already taken a decision to shift the
weekly market, it is directed that the weekly market shall now be
shifted to Madhav Setu Road, Ranjeet Nagar, as decided by the MCD.
12. Accordingly, the following directions are issued:
(i) The concerned S.H.O. of the area shall extend all
necessary assistance and cooperation for relocating the weekly
market. The vendors and the residents of the Ranjeet Nagar area
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shall also render necessary cooperation in the matter. In the
event of any obstruction, non-compliance, or interference with
the implementation of the of the orders passed by the MCD
regarding shifting of the market, stringent action shall be taken
in accordance with law, against the persons responsible.
(ii) Upon shifting of the market, the MCD shall commence
collection of the Tehbazari fee through UPI and/or any other
recognised banking channel, in order to ensure that sub-letting
of vending licenses can be tracked. The MCD shall also create
and maintain separate accounts in respect of each vendor to
ensure proper accounting of the Tehbazari fee, and to prevent
any unauthorised or illegal vending activities.
(iii) The vending activities at the Saturday Weekly Market
shall be carried out strictly in accordance with Paragraph 8.2 of
the Delhi Street Vending Scheme, 2019. As per the said
provision, all vendors shall prominently display their respective
Certificates of Vending and shall maintain proper cleanliness
and hygiene in and around their vending sites. Paragraph 8.2 of
the Delhi Street Vending Scheme, 2019 shall be strictly
complied with, failing which, the MCD shall take action in
accordance with law.
(iv) No permanent or temporary construction shall be made
by any of the vendors. In the event of any violation of the same,
the residents are at liberty to approach the MCD or the
concerned S.H.O for necessary action.
13. At this stage, Mr. Mishra, ld. Counsel, objects to the
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Signed By:RENUKA
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recommendation made by the MCD on the ground that the same has
to be made by the Town Vending Committee-II.
14. This Court takes judicial notice of the fact that the constitution
of the Town Vending Committee-II, for whatever reason, is being
delayed and in the absence of the same, it cannot be said that the MCD
cannot take day-to-day decisions. In view thereof, the said objection
is untenable.
15. The petition is disposed of in the above terms. Pending
applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MAY 18, 2026/b/sm
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:31:19
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