Naresh Chand And Ors vs Sh. Wairokpam Punshiba Singh And Anr.

$~58 & 59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 5 May, 2026
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Uploaded on: 7 May, 2026
+ CONT.CAS(C) 448/2026
NARESH CHAND AND ORS .....Petitioners
Through: Mr. Kamlesh Kr. Mishra, Mr. Swagata
Gupta, Ms. Renu, Advs.
versus
SH. WAIROKPAM PUNSHIBA
SINGH AND ANR. .....Respondents
Through: Mr. Rajan Tyagi, Standing Counsel,
MCD with Ms. Vijeta Mukherjee Adv.
Mr. Rajesh Bansal, Assistant
Commissioner, MCD.
Ms. Avni Singh, Panel Counsel for
GNCTD with Mr. Gaurav Sharma AE
PWD, Shahdara Road Division & Mr.
Nitesh Sijoriya, JE, Shahdara Road
Division.
59 AND
+ W.P.(C) 5617/2016 & CM APPL. 24733/2026, CM APPL.
24734/2026
MAHILA HAWKER WELFARE ASSOCIATION .....Petitioner
Through: Ms. S. Janani, Sr. Adv and Mr. Nishant
Kumar, Adv.
Mr. Kamlesh Kumar Mishra, Mr.
Swagata Gupta, Ms. Renu, Ms. Seema
Dhiman, Advocates
(Mobile no. 9818633210)
Mr. Subhro Prokas Mukherjee,
(DHCLSC), Md. Shah Minhajuddin
and Md. Adil Khan, Advs. for
Applicant.
versus
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
CONT.CAS(C) 448/2026 and connected matter Page 1 of 14

DISTRICT MAGISTRATE, SHAHDRA & ORS. .....Respondents
Through: Mr. Rajan Tyagi, Standing Counsel,
MCD with Ms. Vijeta Mukherjee Adv.
Mr. Rajesh Bansal, Assistant
Commissioner, MCD.
Ms. Avni Singh, Panel Counsel for
GNCTD with Mr. Gaurav Sharma AE
PWD, Shahdara Road Division & Mr.
Nitesh Sijoriya, JE, Shahdara Road
Division.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CONT.CAS(C) 448/2026
2. The present contempt petition has been filed by the Petitioners under
Section 11 and 12 of the Contempt of Courts Act, 1971 alleging contempt of
nd
the order dated 22 January, 2026/27th January, 2026 passed by this Court.
nd
3. Vide order dated 22 January, 2026/27th January, 2026, this Court had
given detailed directions in respect of the beautification and development of
the Anand Vihar Bus Terminal area and had also directed that the MCD shall
prepare, with the help of an architect, a proper plan for the beautification of
the said area. The relevant portion of the said order is set out below:
“[...]
25. The clear position that emerges from the facts
and submissions made today is that the congestion in
the Anand Vihar Bus Stand area deserves to be
removed.
26. In addition, the Court is of the view that the
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
CONT.CAS(C) 448/2026 and connected matter Page 2 of 14

MCD ought to be permitted to beautify the area, by
creating a service road where passengers who come
in three-wheelers, cabs, auto rickshaws or other
transports can easily alight, before entering the
railway station or bus stand.
27. There ought to be free space for movement
of the public. Beautification and development of the
area is also required, so that the passengers and
tourists can enjoy a comfortable experience while
visiting a bus stand or the nearby railway station.
28. The manner in which hawking is presently
being done is completely impermissible as it also
encroaches upon the area created for easy movement
of the public.
29. Thus, the entire area deserves to be properly
re-planned, laid out, landscaped and tiled. As part of
this process, some shops, cafes, resting areas,
sanitation facilities, etc., ought to be created for the
passengers in a manner so as to not impede their free
movement.
30. Under these circumstances, the present
position cannot continue. The hawkers deserve to be
removed and only the 105 hawkers, as recognized
during the survey, should be permitted to use mobile
vends for selling their wares in an allocated manner.
No permanent structure can be allowed to be created
by the 105 recognized vendors as well.
31. The MCD shall, accordingly, take steps,
along with the SHO or the DCP of the concerned area,
to remove all the vendors. However, adequate time
shall be given of at least five to six days for the vendors
to remove their wares. Hence, the MCD is granted time
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till 30 January, 2026 to take appropriate steps to
inform the vendors of the directions of this Court.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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st
Thereafter, from the weekend commencing on 31
January, the removal of the vends shall commence.
32. No person shall obstruct or create any
impediment in the removal of these vends. After the
said removal, the recognised vendors shall be
permitted to approach the Assistant Commissioner,
MCD, who shall then guide the 105 recognised
vendors as to the manner in which they can put up their
carts and vends in the area, in compliance with the
conditions enumerated in the provisional COVs issued
to them.
33. The MCD shall also prepare, with the help
of an architect, a proper plan for beautification of the
area and for allocation of proper spaces for eating
outlets, sanitation facilities and for some shops, as
directed above. The said plan shall also be placed on
th
record before the Court by 10 March, 2026.
34. The MCD is free to take the assistance of
any Architect in PWD in this regard including Ms.
Sabita Sahoo, Architect, PWD (+91 7205532243), in
the entire process of preparing the architectural plan,
as stated above. Further, the PWD shall also assist
the MCD in creating a plan for beautification of this
area so that the work can commence on an early date,
upon the plan being placed before this Court.
35. By 10th March, 2026, the MCD shall place on
record the said plan, both in electronic form and in a
hard copy.
36. With the present order being passed, all
previously granted interim orders stand modified in
terms thereof. Insofar as the applications filed by other
hawkers and vendors for directions are concerned,
except for the 105 hawkers recognized during the
survey, in terms of the list handed over today, no other
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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vendor shall be permitted to vend in this area.
37. All encroachments and any other shops,
carts, vends, etc., are also permitted to be removed.
The list of the 105 vendors recognized by the TVC
during its survey has been handed over to the Court
today and is taken on record. The said list is attached
with the present order and is marked as ‘Annexure A-
1’.
38. Additionally, it is directed that if there are
any other vendors who participated in the survey
conducted by TVC and were found eligible in terms of
the said survey shall be permitted to vend their wares,
only if the provisional COVs have been issued to them
by the TVC…. ”
4. In terms of the above order, the Court had considered the situation of
congestion taking place in the Anand Vihar Bus Terminal area, owing to the
manner in which hawking is carried out in the said area. In terms thereof, the
Court had directed that there is a need for development and beautification of
the said area. Accordingly, the Court had directed that the MCD ought to
prepare a plan with the help of an architect for the beautification and
development of the said area.
5. The allegation in the present contempt petition is that the authorised
street vendors have been removed from the Anand Vihar Bus Terminal, and
nd
there is no compliance of the order dated 22 January, 2026/27th January,
2026.
6. Further, it is also alleged that the temporary structures of authorised
street vendors have also been removed. Hence, the prayer in the present
contempt petition is to take action against the concerned officials of the
Municipal Corporation of Delhi (hereinafter, ‘MCD’) .
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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7. Furthermore, it is also the case of the contempt-Petitioners that the
unauthorised street vendors are being permitted to occupy the streets of the
Anand Vihar Bus Terminal.
8. The aforesaid situation was also noticed by this Court and has been
captured in the order dated 16th April, 2026. On the said date, the Court had
directed that a reply be filed to the present contempt petition. Further,
GNCTD had placed on record a status report and a proper vending plan was
also sought from the MCD. The relevant portion of the order dated 16th April,
2026 is set out below:
“[...]
6. Let reply to this contempt petition be filed within a
period of one week.
7. List on 5th May, 2026 in the Supplementary List .
W.P.(C) 5617/2016
8. Ld. Counsel for the MCD has assured that no
unauthorised vendors shall be allowed to operate in the
Anand Vihar Bus Stand area. Accordingly, let proper
videos taken from time to time be placed on record along
with photographs by the MCD by the next date of hearing.
9. The Petitioners are also free to place on record any
material they wish to rely upon by the next date of hearing.
10. Today, a vending plan has been filed by the MCD,
however, the same is not clear. Accordingly, let a proper
vending plan be placed on record by the MCD by the next
date of hearing…”
9. Today, a reply has been filed on behalf of Mr. Wairokpam Punshiba
Singh, Deputy Commissioner, MCD.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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10. In the reply, it is stated that there are a total of 126 street vendors, who
have been issued the provisional Certificates of Vending (hereinafter, ‘CoV’)
and it is proposed that they can be allotted slots for vending in the areas, which
are available outside the Anand Vihar Bus Terminal.
11. Mr. R.K. Bansal, the Assistant Commissioner, MCD, who is present in
Court today, submits that he has joined this position recently and that the street
vendors are expected to be moveable vendors.
12. The Court has considered the proposal for allotment of time slots to the
street vendors, and is of the view that allotment of one and a half hour time
slots to each of the street vendors would be wholly impractical, inasmuch as
it is likely to give rise to disputes inter se the vendors with regard to timings,
and may further result in unavoidable commotion, particularly due to the
frequent movement of the carts of the street vendors.
13. Further, there can be no doubt that the street vendors ought to be
moveable vendors, however, if some area is demarcated for vendors to stand
with their carts and vend, there would be less commotion, congestion and
confusion.
14. Accordingly, the following directions are issued in the present
contempt petition:
(i) Meeting to be held : A meeting shall be convened on 12th May,
2026 at 3:30 p.m. in the office of the Mr. Wairokpam Punshiba Singh,
Deputy Commissioner, MCD.
(ii) Attendees: The said meeting shall be attended by Mr.
Wairokpam Punshiba Singh, the Deputy Commissioner, MCD; Mr.
R.K. Bansal, Assistant Commissioner MCD, and three representatives
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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of the street vendors.
(iii) Manner in which vending is to be carried out: In the course of
the meeting, the MCD officials shall interact with the representatives
of the street vendors for the purpose of finalising the manner in which
vending shall be carried out in the Anand Vihar Bus Terminal area.
(iv) Restricted to 126 street vendors/CoV holders : It is clarified that
such permission shall be confined strictly to the provisional CoV
holders, who are stated to be 126 in number.
(v) Unauthorised vendors are not permitted : No unauthorised
vendor, i.e., any person not holding a valid CoV, shall be permitted to
carry on vending.
15. The present contempt petition is disposed of in these terms.
16. A status report shall be filed by the MCD and thereafter, directions shall
be issued by this Court.
W.P.(C) 5617/2016
17. In so far as the beautification and re-development of the Anand Vihar,
Bus Terminal area is concerned, the following two reports have been placed
on record by Ms. Avni Singh:
(i) On behalf of Public Works Department (hereinafter,
‘PWD’) ;
(ii) On behalf of the Joint Secretary, Urban Development
Department,
18. The status report on behalf of the Urban Development Department is
set out below:
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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“Status report in the matter of WP(C) 5617 OF 2016
titled Mahila Hawkers Welfare Association Vs District
Magistrate, Shahdara & ORS.
1. The Hon’ble High Court vide para 3 of order dated
30.03.2026 has mandated that considering the
submissions made, Ms. Avni Singh, ld. Panel Counsel
appearing for GNCTD shall also seek instructions in
this matter as to who would bear the funds for the
beautification of the said Anand Vihar Bus Terminal.
2. The road under consideration comes under the
jurisdiction of PWD as mentioned at para 5 in the status
report dated 29.04.2026 filed by PWD in this matter.
That PWD Delhi is responsible only for development,
maintenance and beautifications of road, footpath,
central verge and green area within its Right of Way
(RoW) of Road No. 56 (Chaudhary Charan Singh Marg)
passing from ISBT Anand Vihar.
4.It is further submitted that being the respective
jurisdictional area viz. shops, eating outlets, café area,
resting areas and sufficient sanitation facilities can be
developed within Bus Terminal (by Delhi Transport
Corporation), Railway Station (by Indian Railways),
DMRC Stations (by DMRC), Regional Rapid Transit System
– RRTS Stations (by National Capital Region Transport
Corporation – NCRTC) from their own funds.
5. That Trunk Drain No. 2 maintained by Irrigation &
Flood Control (I&FC) department is passing parallel to
Road No. 56 (Chaudhary Charan Singh Marg) and
therefore responsibility for cleaning & beautification of
Trunk Drain No.2 shall rest on I & FC department.
6. It is further submitted that the operational aspects
such as sweeping, sanitation, regulation of vendors, and
maintenance of public spaces in its area are within the
exclusive jurisdiction of MCD and not within the direct
executive domain of the answering respondent. However,
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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the answering respondent shall abide by and comply with
any directions passed by the Hon’ble Court in so far as the
same are applicable to the respondents.
7. That, without prejudice to the above, it is submitted
that in case any policy-level issue, inter-departmental
coordination requirement, or administrative decision arises
pursuant to the proceedings before this Hon’ble Court, the
Department of Urban development, GNCTD, shall examine
the same in accordance with law and extend all necessary
assistance, subject to applicable rules and competence.”
19. A perusal of the status report would reveal that the beautification,
development, and maintenance of the entire Anand Vihar Bus Terminal area
would require the involvement of the following agencies/authorities:
I. Urban Development Department, Delhi Government;
II. Municipal Corporation of Delhi;
III. Bus Terminal run by the Delhi Transport Corporation;
IV. Railway Station run by the Indian Railways;
V. DMRC Metro Stations, managed by the DMRC;
VI. Regional Rapid Transport system, (hereinafter, ‘RRTS’)
managed by the National Capital Regional Transport
Corporation (hereinafter, ‘NCRTC’) ;
VII. Trunk Drain, managed by the Irrigation and Flood Control
Department.
20. Since the re-development of the Anand Vihar, Bus Terminal area
cannot be done by any particular agency on a stand alone basis, a special
‘Task force’ is constituted under the Chairmanship of Mr. Rajesh Chaudhary,
the Joint Secretary of Urban Development Department.
Members of the special Task force
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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21. The above mentioned authorities shall nominate one competent
responsible official, who shall be a part of the special ‘Task force’ .
22. Accordingly, the ‘ Special Task force’ shall consist of the following
persons:
a) Chairperson: Mr. Rajesh Chaudhary, Joint Secretary, Urban
Development Department;
b) Mr. Wairokpam Punshiba Singh, Deputy Commissioner, MCD and Mr.
R.K. Bansal, Assistant Commissioner, MCD;
c) One or two Nominated officials by the PWD;
d) One or two Nominated officials by the Delhi Transport Department;
e) One or two Nominated officials by the Indian Railways;
f) One or two Nominated officials by Delhi Metro Rail Corporation;
g) One or two Nominated officials by the Regional Rapid Transit System;
h) One or two Nominated officials by the National Capital Region
Transport Corporation;
i) One or two Nominated officials by the Irrigation and Flood Control
Department;
j) SHO, P.S. Patparganj Industrial Area.
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23. The special ‘Task force’ shall have the first meeting on 20 May, 2026
in the office of Mr. Rajesh Chaudhary, Joint Secretary, Urban Development
Department at a fixed time. Further, the Chairperson can also convene
subsequent meetings.
24. If there is any difficulty that is being encountered by the Chairperson,
the Urban Development Department shall also render assistance in the
functioning of the special ‘Task force’ .
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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Mandate of the special ‘Task force’
25. The special ‘Task force’ shall have the following mandate:
I. Purpose: The special ‘Task force’ shall work towards formulating a
comprehensive plan for the beautification, development, and
maintenance of the Anand Vihar Bus Terminal area.
II. Holding meetings: It shall convene meetings with all relevant agencies
for the purpose of deliberating upon and formulating a comprehensive
plan for the beautification, development, and maintenance of the Anand
Vihar Bus Terminal area.
III. Cooperation by concerned authorities : All the concerned authorities
are directed to extend full cooperation in carrying out the mandate of
the special ‘Task force’.
IV. Beautification Plan by the PWD : For the beautification, development
and maintenance of the Anand Vihar Bus Terminal area, the PWD shall
avail the services of a qualified architect, who shall prepare a detailed
plan, including a proper sketch as well as a 3D electronic representation
depicting the proposed landscaping and beautification of the said area.
V. Identify specific location for street vendors : Specific locations for the
authorised street vendors shall be identified and earmarked, ensuring
that vending activities are carried out in a clean and hygienic manner.
26. The beautification plan prepared by the PWD and approved by the Task
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Force, shall be placed before the Court on 26 May, 2026.
27. The Chairperson and each of the officials of the special ‘Task force’
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NEGI
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shall join the Court proceedings virtually, to assist the Court on the next date
of hearing.
28. In the meantime, the SHO, P.S. Patparganj Industrial Area, shall
continue to ensure that no unauthorised vending takes place in terms of the
th
previous order dated 16 April, 2026.
CM APPL. 24733/2026, CM APPL. 24734/2026 to W.P.(C) 5617/2016
29. The present applications have been filed by the applicants- Mr.
Swatantra Kumar Thakur and Mr. Zafar Khan, seeking impleadment as a
party in the present petition.
30. Considering that there are a large number of street vendors,
impleadment is not required.
31. The applicants i.e , Mr. Swatantra Kumar Thakur and Mr. Zafar Khan
are, however, permitted to intervene in the proceedings and make their
submissions.
32. It is made clear that no other street vendors would be allowed as an
impleader or intervenor, as they are going to be represented before this Court,
in a representative capacity.
33. The Counsels appearing for the intervenors/impleadment applicants are
permitted to obtain copies of the electronic record from the Registry. It is
further directed that pleadings shall be exchanged amongst all the ld. Counsels
for the parties.
34. Mr. Subhro Prokas Mukherjee and Mr. Nishant Kumar, ld. Counsels
shall assist the Court on behalf of the street vendors, and any vendors who
wish to make any submissions shall contact the said Counsels.
35. Mr. Ritesh Kumar Bahri, ld. APP shall communicate the order to the
concerned SHO, P.S. Patparganj Industrial Area.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
09:42:50
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36. This order shall also be communicated to the Secretary and Joint
Secretary of Urban Development Department to ensure that the competent
officials of all the aforesaid authorities are nominated for the special ‘Task
force’ .
37. This matter shall be treated as a part-heard matter.
38. List for compliance on 26th May, 2026.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MAY 5, 2026/ prg/sm
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:07.05.2026
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