Sardar Singh And Ors vs Mcd And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 3 September, 2026
th
Uploaded on: 5 September, 2026
# CNR No. DLHC010116682025
+ W.P.(C) 2885/2025
SARDAR SINGH AND ORS .....Petitioners
Through: Mr. Sai Shashank, Advocate.

versus

MCD AND ORS .....Respondents
Through: Ms. Puja S Kalra, SC with Mr.
Virendra Singh, Adv. for MCD.
Mr. Manoj Kumar Tyagi Senior Panel
Counsel UOI.
Mr. Raghvendra Upadhyay (Panel
Counsel GNCTD), Ms. Purnima Jain,
Mr. Madhur, Mr. Yash Singh,
Advocates for R-3.
Mr. Aditya, Mr. Vipin Kumar, Ms.
Pralika Chakraborty, Advocate for R-
4 and 5.

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN

Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner who claims to be a tehbazari holder in the Chandni
Chowk area has filed the present petition, seeking removal of another alleged
unauthorized tehbazari structure in the form of a shop in front of his Site No.1
Link Road adjacent to Parade Ground Wall, Ward - Chandni Chowk CSB Site
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No. 2707.
3. According to the Petitioner, he is protected as an original tehbazari
holder. In respect of the same, he has relied upon the judgment of the Supreme
Court in Gainda Ram & Ors. v. MCD & Ors., W.P.(C) No. 001699 / 1987.
4. The Petitioner is stated to be vending since several years in the subject
spot. His grievance is that another vendor or tehbazari holder has put up a
stall/shop right next to his shop, thereby preventing ingress and egress to his
own stall. Some of the photographs relied upon by the Petitioner are set out
below:-

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5. In the above images, the Petitioner's stall/shop is on the right with the
iron plank. The Petitioner's grievance is in respect to the clothes stall/shop
which has been set up next to it.
6. It is the submission of Ms. Kalra, ld. Standing Counsel for the MCD
that the Petitioner had earlier filed a writ petition being Writ Petition (Civil)
13271/2021 titled Sardar Singh & Ors. v. North Delhi Municipal
Corporation & Ors., which was disposed of on 4th March, 2024, with the
following directions:
“3. We, accordingly, dispose of the present
petition by directing the Municipal Corporation of Delhi
(MCD) to decide the petitioners' representation. The
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petitioners are also at liberty to make additional
representation, if necessary, within a period of two
weeks from date. The MCD shall consider the
representations and other material, and dispose of it of
expeditiously.”

7. As per the above, the representation of the Petitioner was to be decided
expeditiously.
8. Subsequent to the said order being passed, a contempt petition was filed
being CONT.CAS(C) 1986/2024 titled Shri Sardar Singh & Ors. vs. Shri.
Ashwani Kumar & Ors. , wherein on 18th December, 2024, it was submitted
by the ld. Counsel for the Respondents that the representation of the Petitioner
would be disposed of within two weeks.
9. Today, Ms. Kalra, ld. Counsel for MCD has handed over a counter
th
affidavit, as per which, owing to the order passed in the contempt dated 18
December, 2024, the stall/shop of Mr. Jagdish Prasad from which the
Petitioner is aggrieved, was shifted by 7 feet from the original location to
ensure that no inconvenience is caused to the Petitioner. The said counter
affidavit is taken on record.
10. It is further submitted that the present petition seems to be a personal
conflict between the Petitioner and the said Mr. Jagdish Prasad.
11. Heard. The Court takes judicial notice of the fact that the survey by the
MCD of all the tehbazari holders has already commenced as a part of the
process of finalizing the vending plan in the city of Delhi in MCD areas and
NDMC areas.
12. The Petitioner claiming to be one of the original tehbazari holders
would obviously be participating in the same survey. After the survey is
conducted, the TVC-II for which elections have already been conducted,
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would also be finalizing the vending plan and making proper allotments in
terms of the Street Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014.
13. In view thereof, the present petition is disposed of with the directions
that upon the survey being conducted and the vending plan being finalized,
the grievance of the Petitioner shall be considered by the TVC-II as a
tehbazari holder. The decision by the TVC-II shall be taken within a period
of three months after it is duly constituted.
14. The petition is disposed of in the above terms. All pending applications
are also disposed of.


PRATHIBA M. SINGH
JUDGE

VIKAS MAHAJAN
JUDGE
SEPTEMBER 3, 2026
MR/msh
Signature Not Verified
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By:RAHUL
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