Ved Prakash vs Government Of Nct Of Delhi & Ors.

Court
Delhi High Court

$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 2 November, 2026
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Uploaded on: 4 November, 2026
# CNR No. DLHC010189422026
+ W.P.(C) 5892/2026, CM APPL. 70058/2026 & CM APPL.
70059/2026
VED PRAKASH .....Petitioner
Through: Mr. Rajiv Dewan, Adv.
versus
GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Rajat Wadhwa, Ms. Anshika
Juneja, Mr. Rajat Shukla, Mr. Abeer
Shandilya, Advs. for Street Vendors.
Mr. Atul Krishna, SPC for Delhi
Police.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner- Ved Prakash, who is a resident of the Som Bazar Road,
Gali no. 15, Sector-3, Raja Puri, Uttam Nagar, West Delhi-110059, has filed
the present writ petition under Article 226 of the Constitution of India, inter
alia , seeking removal of the weekly market which is held every Monday in
the said area.
3. The case of the Petitioner is that in the said weekly market, there is
extensive encroachment by the vendors and certain photographs have been
placed on record.
4. The contrast between a normal day when there is no weekly market and
the days when the weekly market is operating is sought to be shown from the
following images:
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Normal Day





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Day of Weekly Market

5. In the above background, the Court on 30th April, 2026 had issued the
notice in the present petition and had considered the photographs extracted
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above and had observed as under:
“5. In the opinion of this Court, if the above images
are true, the contrast is stark. Weekly bazars cannot be
converted into a safety and security nightmare for
residents. The same ought to be regulated both in terms
of number of vendors and the space occupied by them.

6. Issue notice. Mr. Chirag Madan, ld. Counsel
appearing for the Municipal Corporation of Delhi
(hereinafter, ‘MCD’) accepts notice. Ld. Counsel for
the MCD submits that a plan is under preparation by the
Government in respect of all such bazaars where there
is so much encroachment by the vendors. Ld. Counsel
submits that he would be placing the same on record
along with a status report in respect of this very market
by the next date of hearing.

7. Accordingly, let the said report be filed on behalf of
the MCD at least two weeks before the next date of
hearing.”

6. As can be seen from the above, the Municipal Corporation of Delhi
(hereinafter, ‘MCD’) was directed to place on record the status report in
respect of these bazaars.
7. Subsequently, an Action Taken Report dated 23rd July, 2026 has been
filed by the MCD stating that an Order No. AC/NGZ/MCD/2026/D-59 dated
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29 April, 2026 was issued in respect of Som Bazaar weekly market,
regarding programs for removal of temporary encroachments.
8. According to the said report, 17 joint programs are stated to have been
conducted by the MCD along with the Delhi Police and the Traffic Police in
Najafgarh Zone, for removal of temporary encroachment and de-congestion
of traffic. Out of the said 17 programs, location of Madhu Vihar and Som
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Bazaar was listed at serial numbers 2, 8 & 13.
9. The copy of the said order dated 29th April, 2026 was also
communicated to the concerned SHOs.
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10. On 4 May, 2026, all the unauthorized vendors and hawkers at the
Monday Weekly Market, Som Bazaar, Madhu Vihar were removed.
11. In order to prevent re-encroachment, a further letter bearing No.
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AC/NGZ/MCD/2026/0-70 was issued on 5 May, 2026 by the Deputy
Commissioner, Najafgarh Zone, MCD, and officials were directed to keep a
strict vigil. The said order is extracted below:

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12. The steps taken by the MCD, as per the Action Taken Report of the
MCD, are as under:
“2. That in this regard, it is submitted that the
department has taken action against this unauthorized
weekly Market namely Som Bazaar from time to time.
An order no.AC/NGZ/MCD/2026/D-59 dated
29.04.2026 regarding "Programs for removal of
temporary encroachment actions"- at various locations
under Najafgarh Zone, MCD. It was issued by the office
of the Deputy Commissioner, Najafgarh Zone of
Municipal Corporation of Delhi wherein it was
mentioned that in pursuance of the directions of the
Hon'ble Supreme Court of India in the matter titled as
"MC Mehta vs. UOI and ors." Regarding constitution of
Special Task Force under Chairmanship of Vice
Chairman, DDA passed in W.P.(C) No. 4677/1985 to
address the issue pertaining to the_encroachment made
by the violators.

3. That 17 joint programs along with Delhi Police and
Delhi Traffic Police were fixed at various locations
under Najafgarh Zone of MCD for removal of the
temporary encroachment including de-congestion of
traffic and out of these 17 programs, the locations of
Madhu Vihar, Som Bazaar was enlisted at Serial No. 2,
8 & 13 and the date and time of action was fixed as
04.05.2026, 11.05.2026 & 18.05.2026. The copy of the
said order was sent to concern SHO also. On
04.05.2026, all the unauthorized vendors/ hawkers at
Monday Weekly Market, Som Bazaar, Madhu Vihar,
Rajapuri were removed with the assistance of the police
force and after removal of the bazaar, the photographs
are annexed herewith and marked as Annexure-A.

4. That a letter no. AC/NGZ/MCD/2026/D-70 dated
05.05.2026 was also issued by the office of the Deputy
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Commissioner, Najafgarh. Zone, MCD to the concerned
SHO for prevention of re-encroachment wherein it was
mentioned the all the unauthorized vendors/hawkers at
Monday Weekly, Market, Som Bazaar, Madhu Vihar,
Raja puri were removed and in view of the same, it was
requested that appropriate officials be directed to keep
strict vigil in the said area so that re-encroachment on
the public land/road is not done by
vendors/encroachers. The copy of the letter dated
05.05.2026 is annexed herewith and marked as
Annexure-B.

5. That again, on 11.05.2026, all the unauthorized
vendors/hawkers at Monday Weekly Market, Som
Bazaar, Madhu Vihar, Raja Puri were removed with the
assistance of police force and after removal of bazaar.
The photographs are annexed herewith and marked as
Annexure-C .

6. That a letter no. AC/NGZ/MCD/2026/D-82 dated
12.05.2026 was again issued by the office of the Deputy
Commissioner, Najafgarh Zone, MCD to the SHO for
prevention of re-encroachment wherein it was
mentioned that the all the unauthorized vendors/
hawkers at Monday Weekly Market, Som Bazaar,
Madhu Vihar, Raja puri were removed and in view of
the same, it was requested that appropriate officials be
directed to keep strict vigil in the said area so that re-
encroachment on the public land/road is not done by the
vendors/encroachers. The copy of the letter dated
12.05.2026 is annexed herewith and marked as
Annexure-D.

7. That and again on 18.05.2026, an the unauthorized
·vendors/hawkers at Monday Weekly Market, Som
Bazaar, Madhu Vihar, Rajapuri were removed with the
assistance of police force and after removal of bazaar
photograph. The photographs are annexed herewith and
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marked as Annexure-E.

8 . That a letter no. AC/NGZ/MCD/2026/D-110 dated
20.05.2026 was again issued by the office of the Deputy
Commissioner, Najafgarh Zone, MCD to the concerned
SHO for prevention of re-encroachment wherein it was
mentioned that the all the unauthorized vendors/
hawkers at Monday Weekly Market, Som Bazaar,
Madhu VJhar, Rajapuri were removed and in view of
the same, it was requested that appropriate officials be
directed to keep strict vigil in the said area so that re-
encroachment on the public land/road is not done by
vendors/encroachers. The copy of the letter dated
20.05.2026 is annexed herewith and marked as
Annexure-F.”
13. Further, photographs have also been filed on behalf of the MCD to
support the above facts and to demonstrate that the vendors have been
removed. The said photographs are set out below:


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W.P.(C) 5892/2026 Page 8 of 12

14. Thereafter, on 6th August, 2026, the Court had directed that the S.H.O.
P.S. Dabri would be personally responsible to ensure that there is no re-
encroachment in the area and a status report was directed to be filed.
15. Pursuant thereto, a status report has also been filed by the S.H.O. P.S.
Dabri, stating the following:
“1. It is respectfully submitted that, in compliance with
the directions of the Hon ble Court dated 06.08.2026,
all concerned beat staff were duly appraised and
directed to ensure strict compliance and prevent any re-
encroachment at the site i.e. Som Bazar Road, Rajapuri,
Delhi.

2. The beat staff has been conducting regular and
continuous patrolling on Som Bazar Road, Rajapuri,
Delhi, particularly on Mondays. Local vendors have
been duly informed of the directions of the Hon’ble
Court and strictly warned against any encroachment or
obstruction on the said street.
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3. The Police Station staff is also conducting regular
checks and taking prompt enforcement action against
violators. Articles of street vendors found encroaching
upon the road in violation of the directions are seized as
per law on a regular basis. (copy of photos and DD
entries enclosed)

4. Thus, continuous vigilance, patrolling and
enforcement action are being undertaken to ensure that
no re-encroachment takes place and the directions of the
Hon'ble Court are complied with in letter and spirit. The
undersigned is duty-bound to comply with and abide by
the directions/orders passed by this Hon’ble Court.”
16. As can be seen from the above status report, the SHO, P.S. Dabri, has
apprised the concerned beat staff of the directions passed by this Court and
directed them to ensure strict compliance thereof. Regular and continuous
patrolling, particularly on Mondays, is being undertaken on Som Bazar Road,
Rajapuri, Delhi, and the local vendors have been informed of the Court’s
directions and warned against any encroachment or obstruction.
17. Further, it is also stated that regular checks are being conducted and
enforcement action is being taken against violators, including seizure of
articles found encroaching upon the road, in accordance with law.
18. Today, CM APPL. 70058/2026 has been filed on behalf of 116 vendors
of the Monday Weekly Market, seeking, inter alia , their impleadment in the
present petition on the ground that they are holders of vending certificates
issued by the MCD.
19. It is submitted by Mr. Wadhwa, ld. Counsel for the applicants that at
the Som Bazaar road, the weekly market cannot function considering the
width of the road. However, since all these persons have been issued valid
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Certificates of Vending, they ought to be permitted to vend by identifying an
alternate site.
20. On behalf of the Petitioner, it is submitted by ld. Counsel that, in view
of the recent drives conducted by the police and MCD, until 8:30 p.m., none
of the street vendors carry out vending activities on Som Bazar Road.
However, after 8:30 p.m., the vendors resume vending activities, thereby
creating complete chaos in the area.
21. It is further submitted by the ld. Counsel for the Petitioner that the
width of the road is so narrow that no movement of pedestrians or vehicles is
possible.
22. Some of the residents of the area are also present in Court and have
shown certain photographs to the Court.
23. Considering this situation, the Som Bazaar road may have to be
declared as a ‘No vending zone’ in order to ensure the safety and well-being
of the residents.
24. The MCD is directed to consider this aspect and declare the Som Bazaar
road as a ‘No vending/no hawking Zone’ and put up proper boards to this
effect.
25. The S.H.O. of the concerned area shall continue to supervise and hold
a vigil at least on an hourly basis to ensure that no vendors vend in this area.
It is made clear that even post 8:30 p.m., no vending shall be permitted on
Mondays at the Som Bazaar road.
26. Insofar as the vendors who have Certificates of Vending are concerned,
a perusal of some of the vending certificates would show that they are in the
category of ‘ Others’ and are in Najafgarh Zone, Ward S-52.
27. As per the terms and conditions of vending, specifically condition
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No.11, they can operate as mobile vendors. However, they shall not be
permitted to vend in the Som Bazar Road, Gali No.15, Sector-3, Rajapuri,
Uttam Nagar, Delhi.
28. Within the said Zone and Ward, they are permitted to operate as mobile
vendors, except on the said road and barring any other Non-vending areas.
29. The concerned Additional Commissioner, MCD shall identify a space
in the area where the vendors having Certificates of Vending can operate the
weekly market. However, for this purpose, it shall be with the consent of the
local residents only.
30. Let the Additional Commissioner hold a meeting with the weekly
vendors on 30th November, 2026 , at 11:30 a.m ., in the office of the MCD.
The local residents shall also be permitted to attend the said meeting.
31. The directions in respect of the weekly vendors given herein shall not
be construed as any rights being conferred upon them, and no equities shall
be claimed by them.
32. The petition is disposed of in these terms. All pending applications, if
any, are also disposed of.
33. This order shall also be communicated to the concerned Traffic Police,
S.H.O. of concerned areas for necessary information and compliance.

PRATHIBA M. SINGH
JUDGE


DINESH BHATT
JUDGE
NOVEMBER 2, 2026/ Rahul/sm
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