Mohd Hussain (Since Deceased) & Ors. vs Municipal Corporation Of Delhi (North) & Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
nd
Date of decision: 22 May, 2026
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Uploaded on: 26 May, 2026
+ W.P.(C) 7301/2026
MOHD HUSSAIN (SINCE DECEASED) & ORS. .....Petitioners
Through: Mr. Sarfaraz Khan , Mr. Mirza Amir
Baig, and Mr. Wahid Mashaal, Advs.
versus
MUNICIPAL CORPORATION OF DELHI (NORTH) & ORS.
.....Respondents
Through: Ms. Puja s Kalra, Standing Counsel
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 35690/2026 (Exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 7301/2026
3. The present petition has been filed on behalf of various tehbazari
holders who were dislocated in 2012 due to the construction of the Delhi
Metro by the DMRC. The Petitioners had earlier filed W.P.(C) 15989/2022
titled , Mohd Hussain & Ors. v. Municipal Coporation of Delhi & Ors .
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wherein vide a detailed judgement of the Court dated 6 November, 2023, the
Coordinate Bench after considering the entire matter held as under:-
“9. Having heard learned counsel for the parties
and having perused the record, it transpires that the
petitioners were removed from their original
Tehbazari site by way of notice dated 19th June,
2012 by the MCD, which reads as under:
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:26.05.2026
19:10:23
W.P.(C) 7301/2026 Page 1 of 7

10. Perusal of the aforesaid notice makes it clear
that the petitioners and other similarly placed
Tehbazari holders were shifted to another place for
the purposes of the DMRC project. The said letter
categorically records that the feasibility of shifting
back the petitioners at the same place after
completion of DMRC project work shall be
examined only after completion of the metro work.
Therefore, there is no vested right in the petitioners
to be shifted back to the original site, as the same
was conditional upon examining the aspect of
feasibility of shifting back to the said site. Further,
attention of this Court has been drawn to the letter
dated 18th March, 2019 issued by the ASI, wherein
it has been mentioned in clear terms that the site
under reference falls within 300 meters of the Red
Fort, which is a centrally protected monument and
that allotment of Tehbazari in this area will create
congestion. Thus, the ASI categorically stated in the
aforesaid letter that it would not be appropriate to
allot the Tehbazari site at Recruitment Office, Red
Fort, Delhi. Accordingly, no case is made out by the
petitioners for passing any directions by this Court
for relocating them at the aforesaid site.
11. It is also noted that petitioner nos. 7 and 8 i.e.
Dalbir Singh and Smt. Bimla Devi were petitioner
nos, 3 and 4 in an earlier writ petion filed before this
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:26.05.2026
19:10:23
W.P.(C) 7301/2026 Page 2 of 7

Court, being WP. (C) 516612019, Kama-Rudin @
Kamruddin and others versus Municipal
Corporation of Delhi and others . The same was
filed with similar prayer for relocating the said
petitioners to the original Tehbazari site at
Recruitment Office, Red Fort, Delhi. The said writ
petition was disposed of vide judgment dated 16th
May, 2019 by this Court thereby directing the
petitioners therein to approach the Town Vending
Committee ("TVC") with all supporting documents
to seek an alternative site, including the site from
where they were relocated.
12. This Court also notes that the petitioners were
removed from the Tehbazari site in question in the
year 2012. As per the submissions advanced on
behalf of the petitioners, they have not been allotted
any alternate site since then. This Court also notes
that majority of the Tehbazari holders who were
removed from Recruitment Office, Red Fort, Delhi
have been carrying out their business from
Tehbazari sites at Meer-Dard Road.
13. In view of the aforesaid discussion, the
petitioners are directed to approach the TVC with
all the requisite documents. The TVC shall
consider their representation for allotment of an
alternate site at a feasible place, including an
alternate site in the nearby vicinity of their original
Tehbazari site.”
4. As per the above judgement, the Petitioners were directed to approach
the TVC with all the relevant requisite documents and a feasible alternate site
was to be allotted to the Petitioners.
5. This decision was to be taken by Town Vending Committee-I
(hereinafter, ‘TVC-I’), however, due to various reasons, TVC-I has now been
disbanded and TVC-II is yet to be constituted.
6. The Petitioners had filed a contempt petition being CONT. CAS(C)
1750/2024 in which the MCD had filed a status report wherein they had stated
Signature Not Verified
that TVC-II would consider the case of the Petitioners at the appropriate stage.
Signed By:RENUKA
NEGI
Signing Date:26.05.2026
19:10:23
W.P.(C) 7301/2026 Page 3 of 7

The relevant portion of the said status report is also set out below:-
“9. That as per the above provision of Section
18, the TVC mandated for the purpose of relocation,
allotment of site is yet to be constituted, as survey of
the street vendors has not been completed so far. As
a matter of fact, as on the date the subsequent TVC-
II, which have to decide over allotment/relocation of
tehbazari, is not constituted operational. Therefore,
in the fitness of things, the competent authority has
directed to keep all relocation letters issued after
17.09.2019 to be kept in abeyance. Upon
operationalization of the subsequent TVC-II, this
case may be placed before them for consideration of
relocation.
10. That vide order dated 16 .04.2024 in W.P.(C)
54191/2024 & CM APPL. 22363-64/2024 titled as
Balbir Singh Vs Municipal Corporation of Delhi
in a similar matter, this Hon'ble High Court has
directed that the petitioner is at liberty to
participate in the survey, which this Court is
informed will be conducted shortly. Needless to
state that the same would be considered by the
Town Vending Committee (TVC-II) at an
appropriate stage.
11. That it is most respectfully prayed that the
present contempt has no merits and is liable to be
dismissed.”
7. The contempt petition was thereafter dismissed as withdrawn with
liberty to initiate appropriate proceedings in accordance with law before the
Court of competent jurisdiction/appropriate forum.
8. Now, the present writ petition has been filed by the same tehbazari
holders and the prayer is for allotment of alternate tehbazari site.
9. The order in this regard has already been passed by the Division Bench
of this Court in W.P.(C) 15989/2022 and the decision now has to be taken by
the TVC-II.
10. In certain matters being W.P.(C) 2243/2022 & other connected matters
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:26.05.2026
19:10:23
W.P.(C) 7301/2026 Page 4 of 7

which were listed before the Court, the MCD has informed the Court that the
timeline for the constitution of TVC-II has already been finalised. The same
was presented before the Court and this Court has permitted the MCD to go
ahead, and has already accepted the said timeline. Hence, the constitution of
TVC-II has already been directed to be done by this Court in a time bound
manner, vide order dated 19th May, 2026 passed in W.P.(C) 2243/2022 &
other connected matters in the following terms:
“8. As per the status report, a timeline for the
constitution of the TVC has been set out, which is as
under:-
9. Mr. Tushar Sannu, ld. SC, submits that, pursuant
thereto, the issuance of provisional CoVs has been
completed and the electoral roll for the members of
the TVC has already been prepared. It is further
submitted that the elections to the TVCs are
scheduled to be conducted on 30th June, 2026, and
the process for conducting the said elections is
presently underway.
10. Further, it is also submitted that the TVCs ought
to be constituted by 21st July, 2026, and all necessary
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:26.05.2026
19:10:23
W.P.(C) 7301/2026 Page 5 of 7

steps are being taken in this regard.
11. Under these circumstances, since the MCD is
now taking proper and time-bound steps for
constitution of the TVCs, which would be the
statutory mandate towards finalisation of vending
plan and issuance of final CoVs, the present
petitions are disposed of with the following
directions:
(i) The MCD shall constitute the TVCs as per the
timeline set out hereinabove;
(ii) Upon constitution of the TVCs, the TVCs shall
undertake the verification of the survey list, and
proceed in terms of the Street Vendors (Protection
of Livelihood and Regulation of Street Vending)
Act, 2014;
(iii)While issuing final CoVs to verified and
authorised street vendors, due consideration shall
be given to factors such as the nature of vending,
including whether the vendors ought to be
categorized as mobile or stationary vendors. Factors
such as vendors being persons with disabilities,
vendors who are carrying on vending which cannot
be mobile such as tailors and other relevant factors
shall also be considered;
(iv) The Court notices that in a large number of
matters, there are hardly any monetary payments
being made by street vendors to the authorities such
as the MCD and New Delhi Municipal Council. The
concerned TVCs ought to take a decision as to what
should be the monetary terms, for the purpose of
issuing the CoVs;
(v) While carrying out their vending activities, the
street vendors shall ensure proper cleanliness and
hygiene is duly maintained. No permanent or
temporary construction shall be constructed by the
street vendors in and around their vends.
(vi) Until the TVC takes its final decision, none of
the street vendors shall be disturbed or prevented
from carrying out their vending activities, in
accordance with the terms and conditions of the
provisional CoVs.”
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:26.05.2026
19:10:23
W.P.(C) 7301/2026 Page 6 of 7

11. Accordingly, it is directed that upon the TVC-II being constituted, the
case of the Petitioners shall be considered expeditiously, and in any case,
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within three months from its constitution, in terms of the judgment dated 6
November, 2023 passed in in W.P.(C) 15989/2022.
12. The petition is disposed of in said terms. Pending applications, if any,
are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MAY 22, 2026/ prg/ss
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:26.05.2026
19:10:23
W.P.(C) 7301/2026 Page 7 of 7