Residents Welfare Association & Ors. vs Municipal Corporation Of Delhi & Anr.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 23 July, 2026
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Uploaded on: 27 July, 2026
+ W.P.(C) 19298/2025 & CM APPL. 80559/2025
RESIDENTS WELFARE ASSOCIATION & ORS. .....Petitioners
Through: Mr. Raghav Sharma, Adv.
versus
MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents
Through: Mr. Sumeet Pushkarna, Sr. Adv. with
Ms. Puja S. Kalra, Standing Counsel
with Mr. Virendra Singh, Mr.
Ravinder Singh Rathi, AC (MCD)
with Mr. Lalit Singh, AO (MCD), Mr.
Manoj Kumar, LI (MCD) and Mr.
Varun Sharma, JLO (MCD).
Mr. Rajat Wadhwa, Mr. Aberr
Shandilya, Mr. Anshika Juneja and
Mr. Rajat Shukla, Advs.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
Factual Background
2. This is a petition under Article 226 of the Constitution of India,
pertaining to the “Weekly Monday Market” (hereinafter “ subject weekly
market ”) held at the Guru Gobind Singh Marg, Shalimar Bagh, Delhi-110088
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By:DEEPAK SINGH
Signing Date:27.07.2026
15:08:20
W.P.(C) 19298/2025 Page 1 of 25

(hereinafter “ subject area ”).
3. The petition has been filed by the Residents Welfare Associations of
various blocks in Shalimar Bagh area including Block B, BC, B/FH, seeking
removal of the subject weekly market and relocation of the same. The
grievance of the Petitioners, inter alia, is that there are several unauthorised
vendors operating in the subject weekly market which has severely affected
both pedestrian and vehicular movement in and around the area. The
Petitioners have stated several instances where this restriction has resulted in
loss of lives of the residents of the area due to inability of emergency services
to reach on time. As an illustration, certain photographs have also been placed
on record by the Petitioners. The same are extracted below:
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By:DEEPAK SINGH
Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 2 of 25

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4. This matter was considered on 16 February, 2026, on which date the
Court had noted, on the basis of the photographs placed on record that due to
the subject weekly market there is enormous congestion in the area.
5. Further, this Court had also taken notice of the fact that in W.P.(C)
6487/2025 titled Surender Kumar Sharma & Ors v. Municipal Corporation
of Delhi & Anr., in respect of the subject area the Coordinate Bench of this
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 3 of 25

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Court, vide order dated 7 August, 2025, while considering a petition
preferred by 289 vendors of the subject weekly market, had directed as under:
“5. As far as difficulties narrated by respondents for not
permitting the Monday weekly market is concerned, one
of the reasons cited is uncontrolled increase in number
of vendors beyond sanctioned limit. It is in the order
dated 28th October 2020 of the competent authority
that the number of vendors is fixed at 300. In case
there is increase in the number of vendors, it is for the
respondents to regulate the entry of vendors and that
too, the period for which such market is to be held, i.e.
from 4 PM to 10 PM . Merely because there are 600
vendors of which 300 vendors are unauthorisedly
vending in the said area may give rise to commotion; in
such an eventuality, it is for respondents to control the
number of vendors to be accommodated in the said area,
as well as prescribed time limits.
6. Apart from the above, other reasons cited are
encroachment of public roadways and common areas,
affecting the pedestrian movement, and erection of
unauthorised structures such as permanent sheds.
Respondent-authority is vested with the power to act
against such unauthorised encroachers or those who
erect unauthorised structures and permanent sheds. It is
equally for respondents to maintain the time period for
which market is to be held, i.e. 4 PM to 10 PM, as has
been mentioned in the decision dated 28th October
2020, permitting the weekly Bazar/market on Monday.
7. In such an eventuality, merely because there are
certain issues and such issues could have been well
addressed by respondents that by itself will not give
authority to respondents in discontinuing the weekly
market.
8. That being so, we pass the following order in the
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By:DEEPAK SINGH
Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 4 of 25

matter:
i. Let a weekly market, as was earlier held at BH
Block, Shalimar Bagh, Delhi, be continued on
Monday between 4 PM to 10 PM with the capacity
of 300 vendors who hold a Certificate of Vending.
ii. Needless to clarify that in case if such vendors
are conducting themselves in contravention to the
terms of the CoV, it shall be open for respondents
to take appropriate action.
iii. Similarly, action can be taken against the
vendors who are not permitted to vend at such
place and in case if the number of vendors
increases to 300, it is for respondents to regulate
the number of vendors in the said area.
iv. Such vendors who encroached on public
roadways or common areas, or have erected
unauthorised structures such as permanent
sheds, can be dealt with in accordance with law
by the respondents.
9. By reserving the aforesaid right and authority in
favour of respondents, we deem it appropriate to
dispose of the present petition with further direction to
permit the authorised vendors to continue holding
weekly market at BH Block, Shalimar Bagh, Delhi.
10. In case if respondents had any intention to shift the
weekly market or to close it down, needless to clarify
that they must take recourse to the appropriate
provisions of law, in such an eventuality.
11. The petition stands disposed of in the above terms.”
6. The Petitioners have preferred the present petition as despite the
directions passed by the Co-ordinate Bench the unauthorized vendors have
continued to operate in the subject area and the concerns of the residents
remain unaddressed. It is also the stand of the Petitioners that the authorities
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 5 of 25

are not taking any action in terms of the above order.
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7. It is seen that in order dated 07 August, 2025 passed in W.P(C)
6487/2025 , there were various conditions which were imposed while
permitting the subject weekly market to continue. It was clearly observed in
the said order as well that only authorised vendors would continue to hold
weekly markets at BH-Block, Shalimar Bagh, Delhi and if there is any
intention to close down the same, it would be done in accordance with law.
Thus, in terms of the said order, the MCD had to consider the terms on which
the authorised vendors at the subject weekly market have to operate and then
take a decision.
8. Bearing in mind, the directions given in the order dated 7th August,
2025, this Court on 16th February, 2026 had directed the Assistant
Commissioner, Municipal Corporation of Delhi (hereinafter “ MCD ”), for
Shalimar Bagh, Delhi to hear the Residents Welfare Associations as also the
concerned vendors, in the following terms:
“10. Accordingly, it is directed that the Assistant
Commissioner, MCD of the concerned area, i.e.
Shalimar Bagh, Delhi, shall hear both, the Residents
Welfare Association, as also the vendors who had
earlier filed W.P.(C) 6487/2025.
11. After hearing both sides, let the MCD place on
record an affidavit, addressing the following aspects:
i. How can the congestion in the concerned area be
resolved;
ii. Whether the weekly market ought to be
continued and if so on what terms;
iii. Whether the number of vendors vending at the
weekly market needs to be reduced;
12. Let a comprehensive affidavit be filed by the
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 6 of 25

MCD on the said aspects.
13. It shall be borne in mind that as per the Scheme of
MCD for Squatters/Hawkers, 2007, the weekly bazaars
are to be held once a week, in an area when the usual
shops in the area are closed. The weekly markets are to
operate as an alternate to the shops on the weekly day
off and cannot move into the residential areas;
14. Bearing in mind the policy of the MCD for weekly
bazaars, due consultation shall be done by MCD with
the vendors who had earlier filed W.P.(C) 6487/2025.
15. Let the copy of this petition be served upon ld.
Counsel, Mr. Rajat Wadhwa, who had appeared for the
vendors/Petitioners in W.P.(C) 6487/2025.
16. The vendors/Petitioners who had filed W.P.(C)
6487/2025 are also impleaded as Respondents herein.
17. Let notice be issued to the said vendors, so that they
can co-operate in the consultation which the Assistant
Commissioner, MCD has to conduct.
18. Let an amended memo of parties be filed within a
period of one week.
19. The concerned Assistant Commissioner, MCD, shall
also conduct an inspection at B-Block, Shalimar Bagh,
Delhi-110088 weekly market on any Monday, and file a
status report in this regard.
20. Let the records of W.P.(C) 6487/2025 be tagged with
the present petition.
21. In the meantime, the concerned SHO, Shalimar
Bagh, shall ensure that the weekly market at B-Block,
Shalimar Bagh, is conducted as per the clear norms
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By:DEEPAK SINGH
Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 7 of 25

prescribed by the MCD. Any vendor who is seen to
occupy the pedestrian footpaths or create any traffic
congestion, shall be permitted to be removed by the
concerned SHO, Shalimar Bagh.
22. Let a Status Report be filed by the concerned SHO
as well, after inspecting the weekly market on at least
two Mondays.”
9. Subsequent to the above directions, meetings were held with the
concerned parties and a status report/affidavit dated 2nd April, 2026 has been
filed by the Deputy Commissioner, Keshav Puram Zone, MCD.
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10. As per the said affidavit, on 23 March, 2026, the Assistant
Commissioner conducted a joint inspection along with the officials from the
Licensing and DEMS Department. Several deviations were observed from the
MCD Weekly Market Policy such as –
 the vendors had expanded their stalls beyond the 6x4 ft. permissible
limit by using 10 ft. high metal frames;
 the temporary bazar was being converted into a semi-permanent bazar;
 there was substantial use of plastic in the said bazar as noticed during
the inspection.
11. It is also stated that the respective Resident Welfare Associations of
various blocks including BC, BD and BFH shared harrowing accounts of their
daily lives and the manner in which it was impacted due to the subject weekly
market. The said affidavit reveals extremely difficult living conditions for the
residents of the said blocks which is captured below:
“3. That on 23.03.2026, the Assistant Commissioner,
Keshavpuram Zone personally led a joint inspection
team comprising officials from the Licensing and DEMS
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 8 of 25

departments. During this visit, observed several
deviations concerning the MCD Weekly Market Policy.
It was noted with concern that many vendors had
expanded their stalls far beyond the permissible 6x4 ft
limit, using 10-foot high metal frames that effectively
turned a temporary bazaar into a semi-permanent
obstacle.
4. That despite the MCD's clear ban on single-use
plastics, our team found significant non-compliance. We
took immediate on-spot action, seizing 4 kg of
prohibited plastic bags and issuing 07 NGT-linked
challans. More importantly, it was also observed that
the encroachment onto the roadway (carriageway) was
not just a technical violation but a genuine safety
hazard, significantly narrowing the path for emergency
vehicles.
5. That following the inspection, two rounds of
consultation were held in the chamber of Assistant
Commissioner to hear the “human side” of this dispute.
The RWAs of BC, BD and BFH Blocks shared
harrowing account of the market’s impact on their daily
lives. A particularly moving grievance was shared
regarding a resident's funeral procession that was
delayed due to the total blockage of the street by market
traffic. The residents expressed that while they do not
oppose the livelihood of vendors, the sheer scale of the
current market has made living in their own homes a
logistical nightmare.
6. That simultaneously, we heard the representatives of
the Saptahik Patri Bazar Association. They emphasized
their dependence on this specific site for their daily
bread. However, they were unable to provide a
satisfactory explanation for why many vendors set up as
early as 8:00 AM for a market that is only authorized to
begin at 4:00 PM.
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By:DEEPAK SINGH
Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 9 of 25

7 . That it is respectfully submitted that the applicable
weekly market policy clearly stipulates that weekly
bazaar are permitted to operate only on designated day
when the local shops and establishments are closed and
within vending zones. The intent of the policy is to
regulate street vending in an orderly manner, ensuring
a balance between livelihood rights of vendors and
larger public interest, including traffic management,
safety and planned urban development.
8. That in the present case vendors are operating from
a purely residential area, which is de hors the policy and
contrary to its express provisions. It is further submitted
that merely because this activity has been continuing for
a considerable period does not confer any legal right or
legitimacy upon the vendors to continue operating in
violation of policy. As observed from the inspection
carried out, it has been observed that there has been
substantial increase in population density, and
vehicular movement in the area. The continued
operation of a weekly bazaar in a residential locality is
resulting in severe congestion of traffic, obstruction of
access roads, impediment to emergency vehicles,
causing significant inconvenience to residents.
9. That influx of large unregulated crowds, including
outsiders, into narrow residential lanes significantly
compromise the sense of security that such localities are
expected to provide, especially to women and girls.”
12. Considering the above position, which demonstrated that the daily lives
of residents of the subject area was severely impacted, the MCD suggested
the following as the future action plan:
“10. The de-congestion Strategy : To restore the "right
of way" for residents, the MCD is implementing a zero-
tolerance policy toward roadway encroachments. We
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 10 of 25

have instructed the Licensing department to mark clear
boundaries on the footpaths, beyond which no vendor
shall be permitted to place a single item.
11. The Question of Relocation: The answering
respondent that the current location may no longer be
sustainable for 300+ vendors given the increased
residential density. We are currently conducting a
feasibility study to relocate the market to broader
corridors, such as Kela Godown Road or the peripheral
Ring Road area, where the market can thrive without
paralyzing a residential colony.
12. Biometric Verification : To address the
"unauthorized squatter" issue, the MCD is planning to
conduct a drive to verify the Certificate of Vending
(CoV) of every vendor on-site. Only the 300 authorized
vendors will be permitted, ensuring the market stays
within its planned capacity.
13. That the MCD remains committed to
balancing the “Right to Livelihood” of the vendors with
the “Right to a Peaceful Life” of the residents, and we
seek this Hon’ble Court’s further guidance in achieving
this balance.”
13. Along with the said counter affidavit, certain photographs have also
been placed on record which shows that the entire area is completely
inundated with street vendors on Mondays. The said photographs are also
extracted below:
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By:DEEPAK SINGH
Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 11 of 25

Signature Not Verified
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By:DEEPAK SINGH
Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 12 of 25

Submissions of the parties
14. Today, the Court has heard, Mr. Raghav Sharma, ld. Counsel appearing
for the Petitioners, Mr. Rajat Wadhwa, ld. Counsel appearing for the
authorised vendors who put up the subject weekly market and Mr. Sumeet
Pushkarna, ld. Senior Counsel along with Ms. Kalra, ld. Counsel for the MCD.
15. Ld. Counsel for the Petitioners has relied on the additional affidavit
dated 2nd April, 2026 filed on behalf of Petitioner No. 1 to submit that the
number of vendors authorised to vend at the subject weekly market is 300
only, however, there are more than 800 to 1200 vendors operating in the
subject weekly market. He further submits that the market timing is 4 pm to
10 pm, however, the laying of the infrastructure for the subject weekly market
including iron bars, grills, wooden platforms etc., commences on the previous
Sunday night itself, leading to loading and unloading noise of trucks, and
disturbances which go on till Tuesday morning.
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16. It is submitted that in the order dated 7 August, 2025 passed in W.P(C)
6487/2025 , it was clearly directed that there would be no road blockage and
access to premises would not be effected, however, there is complete blockage
of the Guru Gobind Singh Marg and the vendors encroach upon the carriage
way, footpath, parks, entrances to residential houses and also block gates. He
submits that the condition for limiting the structures to 6x4 ft. is also not being
adhered to as there are permanent iron and wooden benches as also shade
structures which are erected. It is also submitted that about 1000 to 1200
benches/stalls are provided by the contractor, that are substantially covered
that exceeds the limit of 300 stalls. Cooking is not permitted as per the policy,
however, extensive cooking is present in the subject weekly market. It is
submitted that traffic congestion, use of plastic, throwing of garbage in public
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W.P.(C) 19298/2025 Page 13 of 25

places, collection of fee by middlemen and contractors is also not abating.
17. It is his submission that none of the norms are being followed especially
since there are several vendors who come from outside Delhi creating safety
and security threat to the local residents. It is submitted that no Certificate of
Vending verification system or identification system has been put in place by
the MCD. Further, electricity is being drawn from the poles in an illegal and
unlawful manner which would also prove to be hazardous. It is submitted that
the vehicular congestion created by the subject weekly market prevents access
to emergency vehicles such as ambulances and fire services. Lastly, he
submits that police and the authorities are unable to control this entire
streaming of vendors, customers, etc., thereby causing substantial
inconvenience to the residents.
18. On the other hand, Mr. Wadhwa, ld. Counsel has vehemently urged that
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after the previous order dated 7 August, 2025 which has already been passed
by the Coordinate Bench of this Court the present petition is in effect a review
of the said order, which is impermissible. Only the 300 authorised vendors
ought to be permitted by the authorities at the subject weekly market and the
MCD is free to take action against any unauthorized vendor as also those who
are in violation of any of the conditions imposed.
19. It is his further submission that the MCD, if it decides to close down
the subject weekly market, has to do so strictly in accordance with Section 18
of the Street Vendors (Protection Of Livelihood And Regulation Of Street
Vending) Act, 2014.
20. Mr. Sumeet Pushkarna, ld. Senior Counsel appearing for the MCD has
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relied upon the previous affidavit dated 23 March, 2026 and has also handed
over a short written submissions. In terms of the said written submissions, the
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 14 of 25

MCD is stated to have identified a large area at Kela Godown road for
relocation of the subject Monday weekly market and the submission of the
MCD in this regard is as under:
“1. That, in continuation of paragraph 11 of the Status
Report/Affidavit dated 02.04.2026 filed on behalf of
Respondent No.1/MCD, it is respectfully submitted that
the area situated at Kela Godown Road, proposed for
relocation of the Monday Weekly Market, has since been
physically inspected by the concerned officials of the
MCD. Upon inspection, the said site has been found to
be suitable, free from all encumbrances and available
for utilization for relocation of the Monday Weekly
Market. Photographs of the proposed site are annexed
herewith as Annexure-A.
2. That a comparative site plan, drawn to scale,
depicting (i) the existing site of the Monday Weekly
Market at B-Block, Shalimar Bagh, and (ii) the
proposed site at Kela Godown Road, is annexed
herewith as Annexure-B. The said site plan clearly
demonstrates that the proposed site is substantially
larger than the existing site and is capable of
accommodating the vendors in a more organized,
systematic and less congested manner.
3. That the total distance between the existing site and
the proposed site at Kela Godown Road is
approximately 1.25 kilometers, which is reasonable.
The proposed relocation shall neither cause any undue
hardship to the vendors nor inconvenience the members
of the public presently availing the weekly market. The
proposed site falls within the same locality/vicinity and,
therefore, the relocation shall not adversely affect the
livelihood of the authorized vendors.
4. That the site plan of the proposed location further
demonstrates that all 300 authorized vendors/khokhas,
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 15 of 25

each measuring 6 feet x 4 feet in accordance with the
applicable Weekly Market Policy, can be conveniently
and lawfully accommodated at the proposed site without
any encroachment upon the carriageway or footpath.
The proposed relocation would effectively eliminate the
congestion, traffic obstruction, safety concerns and
inconvenience presently prevailing at the existing site.
The photographs of the proposed site along with 6 feet
x 4 feet Khoka drawing are annexed herewith as
Annexure-C.
5. It is further submitted that the proposed relocation
site has the capacity to accommodate 300 vendors
easily. The layout plan envisages systematic allotment
of vending spaces on both sides of the road, ensuring
orderly vending, proper circulation of pedestrians and
vehicles, and effective utilization of the available space.
The proposed arrangement has been planned keeping in
view public convenience, traffic management, and the
objective of providing a well-organized vending zone.”
21. The images of the said proposed location have also been handed over
along with the sketch of the proposed location. According to the MCD, 300
vendors can be allotted 6x4 spaces easily in this area for the subject weekly
market and the vendors ought to be allowed to shift there.
22. It is also informed that the consultation with the local residents in the
proposed location has already been conducted and they have no objection to
the subject weekly market being shifted to the proposed location by the MCD.
The relevant photographs of the proposed site are as under:
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 16 of 25

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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 17 of 25

23. The residents who are the Petitioners in the present petition also do not
have any objection to the proposed location.
Analysis and Findings
24. At the outset, this Court wishes to note that the Court is not sitting in
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review of the previous order dated 07 August, 2025 passed in W.P(C)
6487/2025 . The said order itself had various conditions which had been
imposed for the continuation of the weekly market. The said conditions are all
captured in the order itself which is extracted above.
25. Pursuant to the said order being passed, the matter has been again
agitated by the residents of the subject area in view of the continuing stream
of unauthorised vendors who are inundating the entire colony and are more
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W.P.(C) 19298/2025 Page 18 of 25

than 300 in number. The authorities are unable to take any action, though, the
MCD was permitted to take action and only permit authorized vendors. In
such a situation, the Court cannot turn a blind eye.
26. The congestion in the area is writ large in the photographs and the
images extracted above. No resident should be made to undergo so much
inconvenience in order to accommodate street vendors that too running a
weekly market.
27. There is no doubt from the photographs extracted above that for the
erection of the weekly market enormous disturbance is being caused by the
vendors who are much more in number than the permitted 300 vendors. The
Court also attempted to find a solution by directing meetings between the
authorised vendors and the residents in the presence of authorities, wherein
clearly from the status report filed by the MCD, it appears that the vendors do
not speak in one voice.
28. There may be 300 authorised vendors but the unauthorized vendors are
three times more in number. Under such circumstances, the continued
harassment of the residents cannot be brushed aside. The movement of
emergency vehicles, school buses, fire services vehicles, easy ingress and
egress to the colony are basic requirements that cannot be ignored by the
Court. The large number of vendors appears to be creating a situation where
the MCD and the local police are also unable to stop the same.
29. In terms of the policy of the MCD for running of weekly bazaars, traffic
congestion has to be avoided and wherever there is heavy traffic, such bazaars
are liable to be removed. The said policy is extracted below:
“POLICY RELATING TO WEEKLY BAZAARS;
Weekly Bazaars 227 in a number at present are being
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W.P.(C) 19298/2025 Page 19 of 25

held in Delhi and engaged in traditional style of retail
shopping are quite popular especially among the lower
and middle income groups. These bazaars are held at
sites like footpaths, side-road, sub-lanes, service
markets, commercial centers and on open spaces,
specific locations & timing operation of such bazaars
will be specified and regulated by the RWAs and other
stake holders of Ward/ Zonal Vending Committee.
The Following norms will be followed for allowing
Weekly Bazaars/Festivals/Melas etc.
(i) The bazaars will be held only once a week in an area,
which must be the day on which the markets in the area
observe a weekly closure under the Shops &
Establishments Act.
(ii) No Weekly Bazaars will be held on a day which
is not a closed day for the market of the area keeping in
view that no road is blocked and access to any of the
premises on the road is not affected. Open spaces
available, excluding the parks, will be utilized for such
bazaars without causing undue inconvenience to the
residents of the locality.
(iii) Traffic congestion will be avoided and
wherever there is heavy traffic, such bazaars will be
removed therefrom and settled in a more spacious
area.
(iv) The concept of natural market will be given a
due regard like e.g. weekly book bazaar in DaryaGanj,
which is providing an opportunity to have avid readers
to purchase books at low cost.
(v) Weekly Bazaar site will not be more than 6’X4’ open
to sky.
(vi) A fee of Rs.10/ per day per site will be charged from
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W.P.(C) 19298/2025 Page 20 of 25

all the weekly bazaars in addition to one time
registration fee of Rs.1000/- by the Zonal Licensing
Office under the management of Ward/ Zonal Vending
Committee and middleman should not be involved in
such collection. The fees are subject to change in future.
(vii) Irrespective of the title of land/street/road/area,
which may belong to any other land owning agency, the
overall control on Weekly Bazaar will be of the MCD
except the area under the control of Delhi Cantonment
Board & NDMC.
(viii) Different timings will be fixed for Summer &
Winter months but care will be taken to ensure that
Weekly Bazaars do not continue in function after 10:00
P.M, such timings will be determined by each Zonal
Vending Committee.
(ix) Vendors will not be allowed to sell expensive and
electronic items and will not throw garbage etc. on
public places. Sale of cut fruits, juice and sugarcane
juice will not be permitted. No cooking of any type shall
be allowed except packed eatable items under hygienic
conditions to be maintained by Health/ Food
Adulteration Department officials.
(x) The vendor will sell the wares/goods by sitting on
the footpath/platform and by keeping steel/ wooden
table or plank.
(xi) Transfer/ mutation of such sites will be controlled
by the norms applicable for regular squatters/
vendors.”
30. Mr. Wadhwa, ld. Counsel for the vendors points out that a similar
scheme has also been launched in 2019 by the GNCTD i.e., GNCTD Street
Vendors (Protection of Livelihood and Regulation of Street Vendors) Scheme,
2019 in which if there is traffic congestion, the street vendor can be relocated.
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 21 of 25

The relevant portion of the said scheme is also extracted below:
“ III. Others (Daily/weekly/festival /fair market/
temporary etc. as may be categorized by Local Body in
consultation with TVC)
The TVC may also recognize new forms of vendors and
markets as appropriate in the area served.
(6.1.2) Static Vendors means those who carry out
vending from a single place/location throughout the day,
without establishing a fixed structure (temporary or
permanent) at the place of vending.
(6.1.3) Mobile or Peripatetic vendors means those
vendors who carry out vending on foot including those
who carry baskets on their heads/ slung on their
shoulders. Mobile vendors also include vendors who
move from place to place vending their goods or services
on pushcarts, bicycle or mobile units on motorized
wheels.
(6.1.4) Weekly Bazaar Vendors means vendors who
participate in weekly bazaars and sell their goods/
services in weekly Bazaars .
(6.1.5) Temporary Vendors means vendors who in
normal course do not perform street vending, but on
special occasions and seasons, such as festivals or fairs,
vend their wares as street vendors for a short period.
(6.1.6) Night bazaar vendors means vendors who vends
in a designated night bazaar during the period notified
by the local body in consultation with TVCs.
(6.1.7) The Local Body in consultation with the TVCs
shall:
a. allocate sufficient space for temporary 'Vendor
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 22 of 25

Markets’ e.g. Weekly haats, Rehri markets, night
bazaars, festival bazaars, food streets/ street food marts
at suitable locations whose use at other times may be
different e.g. public parks, exhibition grounds, parking
lot, etc. keeping in view demand for services of the
vendors;
b. Establish vending timing restrictions in accordance
with the need to ensure non-congestion of public spaces/
maintaining public hygiene
c. Ration hawking space to be resorted if street vendors
numbers exceed the space available, with priority must
be given to vendors based on length of time vending in
the current location as defined in Section 3.3.3.
d. Ensure ample parking area for expected vehicular
traffic and for mobile vendors to store vehicles and
wares at night on payment of prescribed fee .
(6.1.8) No vendor shall be entitled for registration/
issuance of COV for more than one category of vending. ”
31. Under these circumstances, in order to balance the rights of the
residents on the one hand for a peaceful living and the rights of authorised
street vendors to vend their wares in a manner so as to not cause any
inconvenience to the residents, this Court accepts the proposed site suggested
by the MCD, for relocation of authorised 300 vendors for the Monday weekly
market on the following terms and conditions:
i. The Assistant Commissioner of the MCD, Shalimar Bagh, Delhi
shall draw up the list of 300 authorised vendors with the numbers
of their Certificates of Vending and their respective categories.
The said chart shall be prepared within a period of one week and
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 23 of 25

shared with Mr. Wadhwa, ld. Counsel appearing for the
authorised vendors. After the details are cross-checked and
verified only the said authorised vendors shall be given an
identified space in terms of the site plan handed over today to the
Court in the proposed location at Kela Godown Road.
ii. For immediate identification of these vendors, KYC verification
of the 300 authorised vendors shall be carried out using their
Aadhar card or bank account details and some identification
documents by the MCD. The provisional Certificates of Vending
of the said vendors shall be countersigned by the Assistant
Commissioner with the remark ` Verified’ . Copy of the said
provisional CoVs shall be exhibited at the respective vends being
put up by the 300 authorised vendors at their identified sites.
iii. The authorised vendors shall restrict their vending area to 6x4 ft.
as permitted in terms of the MCD Regulations and anyone found
extending the same beyond the permissible limits shall be liable
to be removed with immediate effect. In respect of such vendors
action for cancellation of the provisional CoVs shall also then be
commenced by the MCD.
iv. Presently, the Court is informed that only Rs. 15/- is being paid
by each vendor for every day of vending – which is obviously
too low. Accordingly, each of the authorised 300 vendors shall
deposit a sum of Rs. 1,000/- with the MCD, for vending every
Monday in the weekly market. The said fee shall be subject to
modification by the TVC as and when it is constituted.
v. While identifying the respective sites it shall be ensured that
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Signing Date:27.07.2026
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W.P.(C) 19298/2025 Page 24 of 25

there is no traffic congestion on the road and there are at least
two lanes available for vehicular movement. Whenever the
weekly market is being operated, the SHO of the concerned area
shall make periodic visits to ensure that the above conditions are
complied with.
32. The weekly market in the proposed location shall commence with effect
rd
from 3 August, 2026. No weekly market shall be held on the coming
th
Monday i.e., 27 July, 2026 in the BH Block of Shalimar Bagh.
33. All stakeholders shall fully comply with the directions given here and
any violation shall be liable to be dealt with stringent action.
34. The petition is disposed of in these terms. Pending applications, if any,
are also disposed of.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
JULY 23, 2026/dss/msh
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
15:08:20
W.P.(C) 19298/2025 Page 25 of 25