Rajiv Kumar vs Municipal Corporation Of Delhi And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision:13 April, 2026
th
Uploaded on:15 April, 2026
+ W.P.(C) 16239/2025
RAJIV KUMAR .....Petitioner
Through: Mr. Dipak Raj, Proxy Counsel for Mr.
Aditya, Mr. Vipin Kumar, Mr. Anjani
Kumar Mishra, Mr. Kailash Kumar
Jha, Ms. Pralika Chakraborty, Mr.
Fareeduddin, Ms. Srejal Mishra, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Ms. Beenashaw N. Soni, Standing
Counsel for MCD with Ms. Mansi
Jain, Adv.
Mr. Ritesh Kumar Bahri, APP with
Mr. Lalit Luthra, Adv. for State
Insp Satya Prakash and Head
Constable Ajay Kumar, PS Patparganj
Industrial Area
Mr. Anubhav Gupta, Panel Counsel,
(Civil) GNCTD with Mr. Siddharth
Arora, Advs. for R5
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 10157/2026 (for directions)
2. The present application has been filed by the Petitioner under Section
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:15.04.2026
18:44:37
W.P.(C) 16239/2025 Page 1 of 13

151 of the Code of Civil Procedure, 1908, inter alia , seeking directions to the
Respondents to allow the Petitioner to vend from an alternate vending site.
3. A brief background of the Petitioner’s case is that, the Petitioner is a
tea vendor who had been vending at the spot i.e., on the Footpath, Service
Road, Chaudhary Charan Singh Marg, Near ISBT, Anand Vihar, Shahdara
South Zone, Ward 18-E, New Delhi.
4. The Petitioner is a person with 78% locomotor disabilities and has been
issued a provisional Certificate of Vending (hereinafter ‘CoV’ ) for the
category ‘others’ .
5. On 13th February, 2026, when this application was taken up, the Court
was informed by the ld. Counsel for the Petitioner that the Petitioner had been
ill-treated by one Mr. Anil, Head Constable, P.S. Anand Vihar, on 4th
February, 2026. In this regard, ld. Counsel had placed reliance upon certain
videos. As per ld. Counsel for the Petitioner, a perusal of the said videos
would show that the kettle and other wares of the Petitioners were kicked by
the said Constable. Accordingly, this Court vide order dated 13th February,
2026 directed as under:
“8. Mr. Ritesh Kumar Bahri, ld. APP be given a copy of
the videos by Mr. Aditya. Let ld. APP verify the allegations
of ill-treatment of the Petitioner and file a status report.
9. The ld. Counsel for MCD shall seek instructions as to
which alternate site the Petitioner can be allowed to vend
from.
10. Mr. Anil, Head Constable, P.S. Anand Vihar, shall
appear before the Court on the next date of hearing”
6. On 23rd February, 2026, Mr. Ajay Kumar, Head Constable appeared
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Signed By:RENUKA
NEGI
Signing Date:15.04.2026
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W.P.(C) 16239/2025 Page 2 of 13

before the Court along with Mr. Satya Prakash, S.H.O, P.S.Patparganj
Industrial Area. After hearing ld. Counsels for the parties and Mr. Ajay
Kumar, Head Constable, this Court directed as under:
“8. Police personnel have a critical duty to perform in the
city's maintenance of law and order. They render services
in extremely strenuous circumstances as well. Their service
deserves to be commended. However, there are some
personnel who indulge in misbehaviour with citizens which
is unpardonable. In this case,as can be seen,the Petitioner
was a 78% locomotor disabled person. Pursuant to order
passed by this Court dated 22nd January, 2026, all vendors
including the Petitioner, who were vending at the ISBT
Anand Vihar terminal were to be removed.
9. However, in the process of removal, a video was
produced showing that the Petitioner who is a disabled
person was ill-treated and kicked by the Constable. This
Court is of the opinion that even though the Constable has
apologised, the same is insufficient reproach. There is a
need to make it evident that such conduct is completely
unacceptable.
10. Bearing in mind the constable's misbehaviour and the
apology tendered, the Court deems it appropriate to direct
that the Head Constable Ajay Kumar,shall render services
in the ISBT,Anand Vihar,Shahdara,New Delhi area, to all
disabled passengers, senior citizens, children ete., for a
period of one week between from 7am to 7pm . All
assistance including moving of luggage, alighting from
buses,finding transport shall be rendered. Passengers
using the terminal who are disabled shall also be rendered
assistance by Ajay Kumar by providing them wheel chair
as also by finding them public/private transport, etc
11. The same shall be monitored by Mr. Satya Prakash,
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Signed By:RENUKA
NEGI
Signing Date:15.04.2026
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S.H.O, P.S. Patparganj Industrial Area and a status report
along with photographs shall be placed on record, by the
next date of hearing.
12. A wheel chair shall also be provided by the
management of the ISBT to the Head Constable to enable
him to render the service.”
7. Today, a status report has been filed by Mr. Satya Prakash S.H.O., P.S.
Patparganj stating that Mr. Ajay Kumar, Head Constable in compliance with
rd
the previous order dated 23 February, 2026 has rendered service to several
passengers including disabled persons, senior citizens and other individuals.
The relevant portion of the said status report along with photographs is set out
below:
“1. That the present Status Report is being
submitted in compliance of the direction passed by
the Hon'ble High Court vide order dated 23.02.2026
whereby it was directed that Head ·Constable Ajay
Kumar shall render services at ISBT, Anand Vihar,
Shahdara, New Delhi for a period of one week from
07:00 A.M. to 07:00 P.M. in order to assist disabled
passengers, senior citizens and children requiring
assistance at the bus terminal.
2. It is respectfully submitted that in strict
compliance with the directions of this Hon'ble
Court, Head Constable Ajay Kumar duly reported
for duty at ISBT, Anand Vihar and rendered services
during the stipulated period from 23.02.2026 to
01.03.2026 from 07.00 am to 07.00 PM. During the
course of the said duty, the Head Constable actively
assisted several passengers including disabled
persons, senior citizens and other individuals who
required assistance within the bus terminal as well
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Signed By:RENUKA
NEGI
Signing Date:15.04.2026
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W.P.(C) 16239/2025 Page 4 of 13

as outside the premises.
3. It is further submitted that Head Constable
assisted disabled passengers by providing and
operating wheelchair facilities for their movement.
He also assisted elderly persons and other
passengers in boarding and alighting from buses so
as to ensure their safety and convenience.
4. It is further respectfully submitted that the Head
Constable also assisted disabled passengers and
senior citizens in locating their respective buses and
helped them in arranging appropriate public or
private transport wherever necessary.
5. It is submitted that during the said period, Head
Constable Ajay rendered assistance to several
disabled persons and senior citizens, thereby
ensuring that they were able to move comfortably
within the terminal premises and access
transportation facilities without inconvenience. The
services were performed diligently and in the true
spirit of the directions issued by the Hon'ble High
Court.
6. That photographs depicting the services rendered
by Head Constable Ajay Kumar to disabled persons
and senior citizens at ISBT, Anand Vihar are
annexed herewith for the kind perusal.
Submitted please.”
XXXX XXXX XXXX
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NEGI
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Signing Date:15.04.2026
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8. Accordingly, Mr. Ajay Kumar, Head Constable is cautioned that in
future any complaint or ill treatment by him would be liable to be dealt with
stringent action. The SHO shall report any misdemeanour by him to the DCP
of the concerned area for appropriate action.
9. Insofar as the Petitioner is concerned, the ld. Counsel for the MCD
submits that subject to the entire renovation plan, which is presently being
considered for the Anand Vihar Bus Terminal, the Petitioner is not being
disturbed from continuing his vend from the present designated area.
10. It is made clear that the Petitioner shall peacefully vend subject to the
finalization of the overall plan for the vending in the Anand Vihar Bus
Terminal. The same shall also be subject to the following conditions:
a) The Petitioner shall restrict himself to a particular space, where he is
operating from, and shall not extend/encroach to the pedestrian areas
or cause obstruction in movement of pedestrians;
b) The Petitioner shall also be obliged to maintain cleanliness and hygiene
around the vend, which he is working from and shall ensure the
presence of a dustbin near the vend; .
c) It shall be ensured that the Petitioner shall not create any third party
interest in this provisional CoV and there shall be a bar on sub-letting
or any handing over possession to any third party.
d) No permanent or temporary construction shall also be erected by the
Petitioner.
11. The above stated directions shall be subject to any plan which the Town
Vending Committee–II may be coming up with in terms of Section 21 of the
Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Act, 2014 and no vested rights shall be claimed.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:15.04.2026
18:44:37
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12. The present petition is disposed of in the said terms. Pending
applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
APRIL 13, 2026/ ys/ck
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:15.04.2026
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