Palika Bazar Shopkeepers Welfare Association And Ors vs Govt. Of Nct Of Delhi

$~19, 90, 91, 98 & 99
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 18 May, 2026
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Uploaded on: 21 May, 2026
+ W.P.(C) 8479/2023 & CM APPL. 32292/2023, CM APPL.
61032/2023
CHANDNI CHOWK SARV VYAPAR MANDAL & ORS.
.....Petitioners
versus
GOVT OF NCT OF DELHI & ORS. .....Respondents
~90
+ W.P.(C) 15211/2025 & CM APPL.62406/2025
SAROJINI MARKET SHOPKEEPERS ASSOCIATION.....Petitioner
versus
TOWN VENDING COMMITTEE & ORS. .....Respondents
~91
+ W.P.(C) 151/2026
PALIKA BAZAR SHOPKEEPERS WELFARE ASSOCIATION
AND ORS .....Petitioners
versus
GOVT. OF NCT OF DELHI .....Respondent
~98
+ W.P.(C) 16616/2025 & CM APPL. 33342/2026
PRADEEP KUNDRA & ORS. .....Petitioners
versus
NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondents
~99
+ W.P.(C) 19705/2025 & CM APPL. 33346/2026
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 1 of 12

PRAVEEN KUNDRA & ORS. .....Petitioners
versus
NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondents
Appearances for Petitioners:
Mr. Sanjeev Ralli, Sr. Adv with Mr. Mohit Mudgal, Mr. Ravi Kant Yadav,
Ms. Nivedita Sharma, Mr. Chetanya Baweja, Advs. in item no. 91 and 19
Mr Bibhuti Bhushan Mishra, Mr Anubhav Gupta, Mr Gopinath D., Advs. in
item no. 98 and 99
Ms. Manasi Chatpalliwar & Mr. Anshveer Singh Nalwa, Advs in item no.
90
Appearances for Respondents:
Mr. Lalltaksh Joshi, Ms. Minu Kumari, Advs. in item no. 19
Ms. Saumya Tandon, CGSC with Mr. Gaurav Singh Sengar, Ms. Tooba
Khan, Advs. in item no. 99
Ms. Pushti Gupta, SPC in item no. 98
Mr. Sriharsha Peechara Standing Counsel for NDMC, Mr. Soumit Ganguli
Ms. Ravicha Sharma, Ms. Shruti Agarwal, Mr. Akash Sharma, Advs. in item
no.19, 90, 91, 98, 99
Mr. Kamlesh Kumar Mishra and Ms. Shivani Verma, Advs. for Intervenor
in item no. 19
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 61032/2023 (For early hearing) in W.P.(C) 8479/2023
2. The present application has been filed by the Petitioner seeking early
hearing of CM APPL No. 32292/2023 . For the reasons stated in the
application the early hearing of CM APPL No. 32292/2023 is allowed.
3. Application is disposed of.
W.P.(C) 8479/2023 & CM APPL. 32292/2023
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 2 of 12

W.P.(C) 151/2026
W.P.(C) 15211/2025 & CM APPL.62406/2025
W.P.(C) 16616/2025 & CM APPL. 33342/2026
W.P.(C) 19705/2025 & CM APPL. 33346/2026
4. The Court is confronted with a grave situation in respect of vendors and
Tehbazari holders in all these matters, both in the NDMC areas and in the
MCD areas across Delhi.
5. As a matter of background, in terms of the Street Vendors (Protection
of livelihood and Regulation of Street Vending) Act, 2014 (hereinafter, ‘the
Act’) , a vending plan is to be prepared by the New Delhi Municipal
Corporation (hereinafter, ‘NDMC’) , and the Municipal Corporation of Delhi
(hereinafter, ‘MCD’) , after identifying the list of vendors and the vending
sites. The said list is then to be submitted to the Government for approval in
terms of Section 21 of the Act.
NDMC Areas:
6. The position in respect of the NDMC areas is that the vending plan is
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stated to have been submitted by the NDMC on 9 October, 2025 and the
GNCTD is to take a decision on the same.
7. While entertaining W.P.(C) 151/2026 titled, Palika Bazar
Shopkeepers Welfare Association and Ors v. Govt. of NCT of Delhi which
related to the Connaught Place and Palika Bazar area, the Court had, in its
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order dated 5 February, 2026, recorded that in so far as these two areas are
concerned, the same had been declared as `No hawking’ and `No Vending’
areas.
8. In this regard, a scheme namely, ‘Scheme for Street Vendors in
N.D.M.C Area’, declaring the areas namely, Connaught Place, Connaught
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 3 of 12

Circus (i.e., Rajiv Chowk and Indira Chowk) as No-hawking and No vending
areas was submitted by the NDMC before the Supreme Court, which was
approved way back in the decision in Sudhir Madan and Ors. v. MCD and
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Ors, [2007 SCCOnLine SC 758], dated 17 May, 2007. The said decision has
also been followed by the Coordinate Benches of this Court in several matters.
9. After the coming into force of the 2014 Act, a survey was to be
conducted by the Town Vending Committee (hereinafter, ‘TVC’) of NDMC.
After the said survey being conducted by the TVC and the vending plan being
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prepared, the said plan was approved by the NDMC on 9 October, 2025. The
said vending plan was also sent to the GNCTD for approval in terms of
Section 21 of the Act.
10. The shopkeepers of the Connaught Place and Palika Bazar area had an
objection to the said plan and various objections in respect of the plan were
raised before this Court.
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11. Accordingly, on 5 February, 2026, the Court had directed that the
representations of the shopkeepers be now heard before the concerned Joint
Secretary, Department of Urban Development, GNCTD. This course of action
was found to be appropriate by the Court in view of the fact that the vending
plan dated 9th October, 2025 had already been submitted and was pending
approval before the GNCTD and thus, any objection of the shopkeepers being
sent back to the TVC/NDMC would in effect, put the clock back and cause
further delays.
12. Thus, the concerned Joint Secretary, Department of Urban
Development, GNCTD was to consider the representations of the affected
shopkeepers and finally, GNCTD was to determine the norms in terms of
Section 21 (2) of the Act.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 4 of 12

13. Despite more than 3 months having lapsed from the date of the said
orders of this Court, no compliance affidavit has been forthcoming from the
GNCTD.
14. The Court is informed by Ms. Gupta, ld. Counsel for GNCTD that
further time would be required for the said official of the GNCTD to file an
affidavit in this matter. Adjournment is also sought on the basis that there is
some medical exigency in his family.
15. Mr. Peechara, ld. Counsel for the NDMC on the other hand has pointed
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out that after the order passed by this Court, a meeting was held on 24
February, 2026 and Minutes of the meeting had been drawn up by the
Department of Urban Development, GNCTD.
16. In the said meeting, the concerned Joint Secretary, Department of
Urban Development, GNCTD had asked the representatives of all parties to
send any further grievances/representations on or before 27th February, 2026
and it was clarified that after expiry of the given period, no further
representations would be entertained.
17. Thereafter, on 27th April, 2026, a letter had been issued by the Section
Officer (Directorate of Local Bodies) (Department of Urban Development),
whose name is unknown. The said letter reads as under :-
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 5 of 12

18. A perusal of the above letter would show that town vending plans are
now being sought from the local bodies, i.e. NDMC and the MCD in terms of
the 2014 Act.
19. This letter is a complete reflection of the fact that the Department of
Urban Development, GNCTD is unaware as to the manner in which it has to
proceed. It has even failed to acknowledge that the vending plan dated 9th
October, 2025 has already been submitted by the NDMC to the GNCTD.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 6 of 12

20. To the said letter dated 27th April, 2026, the NDMC had sent a reply
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on 14 May, 2026, stating that the Town Vending Plan had already been sent
to the GNCTD.
21. The issue would have ended here, insofar as the NDMC is concerned
by directing the GNCTD to look at the vending plan sent by the NDMC.
However, even the NDMC has now complicated the situation further. It has
also not been candid and fair with the GNCTD, as is evident from what is
being recorded below.
22. The Petitioners have pointed out that the TVC of the NDMC, after
submission of the Vending Plan in October 2025, had a further meeting on
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15 April, 2026 in which the NDMC records in the Minutes as under:-
“[...]
6. TVC was informed that vending sites identified &
submitted to GNCTD does not fully accommodate
the Vendors eligible for issuance of Certificate of
Vending. Total around 200 more vending sites are
required to be identified so that all vendors may be
accommodated.
7. Architect, NDMC stated that NDMC being
heritage building area & high security zone,
vendors be accommodated on time sharing basis or
alternate day vending arrangement instead of
identifying more vending sites.On this TVC
members unanimously objected to time sharing /
alternate day vending stating that as per norms
around 6000 vending sites be carved out / identified
in NDMC area, however, during survey only around
2500 vendors were surveyed and out of them around
1169 have been found eligible and 1021 to be
eligible (total no. 2190)for issuance of CoVs.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 7 of 12

In view of above, TVC members unanimously
stated that TVC member, Architect Department &
Enforcement Department should make all out efforts
to identify more vending sites and these identified
sites be sent to GNCTD for inclusion in the
notification to be issued.
8. Secretary, NDMC directed Architect Department,
Enforcement Department and TVC elected
Members to · identify new vending sites in the next
week so that same be sent to GNCTD for inclusion
in the notification.
9. TVC was also appraised that in some market
areas there are more vendors than vending sites in
proposed vending plan, in such a situation, vendors
are requisitioned to be adjusted in other market
areas where excess vending sites are available.
10. Once vending plan is approved and notified,
after inclusion of additional vending sites,
particular vending sites to be allocated at respective
markets.
11. After detailed discussion / deliberation, TVC
unanimously agreed upon the following decisions:-
i. Issue of provisional CoVs to eligible vendors
except for certain areas where Hon'ble Delhi
High Court has given direction not to issue
further CoVs vide order dated 05/02/2026 and
vendors whose cases are under examination as
per court order . .
ii. Architect Department, Enforcement
Department and elected TVC members to identify
new vending sites keeping in view norms which
will be sent to GNCTD by Architect Department
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 8 of 12

for notification after approval of
TVC.”
23. A perusal of the above would show that now the TVC of the NDMC
states that 200 more vending sites need to be identified for accommodating
all the vendors who are eligible for issuance of Certificate of Vending. After
identification of 200 more vending sites, the same needs to be added into the
vending plan and submitted to GNCTD so that the vending plan and terms
thereof can be finalized.
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24. However, these minutes of the meeting held on 15 April, 2026 find no
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mention in the reply dated 14 May, 2026 issued by the Chief Architect of the
NDMC namely Mr. Anshu Gupta. Clearly, the GNCTD and the NDMC are
shirking responsibility, where neither is willing to take a final decision, the
reasons for which are not decipherable.
25. The issue gets further complex with another dimension i.e. , that
tehbazari holders in the NDMC areas are also stated to have not participated
in the survey. These tehbazari holders & squatters, including those approved
by the Supreme Court and the Thareja Committee are stated to continue to
vend in the NDMC areas as per Mr. Peechara, ld. Counsel, under the
protection of the orders passed by the Supreme Court.
26. It is the case of NDMC that these tehbazari holders/squatters have
refused to participate in the survey conducted by the TVC of the NDMC and
hence, they continue to vend in the Connaught Place and the Palika Bazar area
despite the Supreme Court approving the scheme of the MCD and despite the
fact that the said areas are non-vending area.
27. The photographs which have been placed on record show that these
squatters /tehbazari holders are occupying the corridors and other areas of
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 9 of 12

Connaught place. Clearly, any vending plan would need to take into account
these Teh Bazari holders as well, without which the entire effort of the NDMC
would be incomplete.
28. The NDMC was directed to file an affidavit in W.P.(C) 8479/2023 , to
the effect that these license holders/squatters/tehbazari holders are refusing to
participate in the survey. This affidavit is not forthcoming till date and further
one week time is being sought on behalf of NDMC by Mr. Peechara.
29. In light of the facts and circumstances discussed above, the position
that prevails as on today is as under:-
 The so-called vending plan of NDMC, which is submitted to GNCTD,
continues to remain pending for approval of GNCTD;
 The said vending plan of the TVC of NDMC is not yet final, as 200
more sites have to be added in terms of the minutes of meeting dated
15th April, 2026;
 Certain tehbazari holders, who are 225 in number, have not participated
in the survey;
 Approximately 740 squatters/ tehbazari holders approved by the
Thareja Committee have not participated in the survey and continue to
squat nonetheless;
 Provisional CoVs, which have been issued to approximately 2000
vendors in all of the NDMC areas who have been surveyed, still await
the final decision of the TVC and GNCTD and they are presently not
vending in the non-vending areas and are vending in the permissible
areas, on the basis of provisional CoVs.
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 10 of 12

30. The NDMC, as also the GNCTD is not clear as to how to proceed in
these matters. In the opinion of this Court, this shows a complete absence of
decision-making.
31. Under these circumstances, the matter be accordingly, directed to be
taken up by the Chief Secretary of GNCTD, who shall take a decision in this
regard and place a status report before this Court.
MCD Areas:
32. Coming to the MCD areas, again, the situation is even worse. The
vending plan of the MCD has not yet been finalized and the same has not been
submitted to the GNCTD for its approval.
33. In the MCD areas also, the tehbazari holders/squatters who are stated
to be more than 13,000/-, have not participated in the survey. The survey of
the MCD has not come to a conclusion and the vendors continue to occupy
the vending places in a completely ad-hoc manner. Further, the TVC-II is
also yet to be constituted and the elections thereof are stated to be not taking
place, as is clear from various cases being heard by this Court.
34. There is also an issue raised as to whether the issuance of provisional
COVs is even permissible at all. This issue would also be considered by the
Chief Secretary, GNCTD.
35. In the opinion of this Court, there is utter confusion, insofar as
vendors/tehbazari holders and squatters are concerned. There are three
stakeholders in this entire process –
 vendors /tehbazari holders/squatters,
 shopkeepers and
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
W.P.(C) 8479/2023 & connected matters Page 11 of 12

 finally the pedestrians/residents of Delhi who are sometimes put to
enormous inconvenience due to encroachments, trespass and unruly
behavior of vendors /tehbazari holders.
36. The chaotic situation prevailing in various markets, including in the
NDMC areas such as Connaught place, Palika bazar, Sarojini Nagar, and all
the MCD areas such as Karol Bagh, Lajpat Nagar etc., is quite visible .
37. Accordingly, the Chief secretary, GNCTD, along with the Secretaries
and other officials of concerned departments shall hold a meeting in this
regard with all the concerned agencies and a final decision shall be taken as
to how the Government wishes to proceed in these matters.
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38. List on 27 July, 2026.
39. The Chief Secretary shall join the proceedings virtually on the next date
of hearing.
40. The first meeting of the Chief Secretary, GNCTD shall take place on
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2 June 2026 at 11:30 AM at the office of the Chief Secretary, GNCTD. All
concerned officials including the Chairman, NDMC; Commissioner, MCD
and any other officials from other departments as may be required shall
participate in the meeting and extend complete cooperation.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
MAY 18, 2026/ prg/ss
Signature Not Verified
Signed By:RENUKA
NEGI
Signing Date:21.05.2026
18:35:58
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