Delhi HC Bars Certified Vendors From Som Bazaar Road, Directs MCD To Find Weekly Market Site With Residents’ Consent

In brief

The question

1. Whether vending should be prohibited on Som Bazaar Road in view of the alleged obstruction and safety concerns.

The court held

The Court directed the MCD to declare Som Bazaar Road a “No vending/no hawking Zone” and display appropriate boards; the SHO was directed to maintain at least hourly vigilance, and vending was prohibited there on Mondays even after 8:30 p.m.

It also directed

Certificate-holding vendors could operate as mobile vendors within the specified zone and ward, except on Som Bazaar Road and in other non-vending areas. The Additional Commissioner, MCD, was directed to identify a possible weekly-market site with local residents’ consent and convene a meeting with vendors and residents on 30 November 2026.

The petition and pending applications were disposed of, with no rights or equities conferred on the vendors by the directions.

01Facts

The petitioner, a resident of Rajapuri, sought removal of the Monday weekly market on Som Bazaar Road, alleging that vendors extensively encroached on the road and obstructed pedestrian and vehicular movement.

pp. 1–3, 11

The MCD reported conducting joint removal drives with the police and taking steps to prevent re-encroachment; the SHO also reported regular Monday patrols and enforcement action.

pp. 4–10

During the proceedings, 116 vendors sought impleadment, stating that they held MCD Certificates of Vending and requesting an alternative vending site.

p. 10

The petitioner maintained that vendors resumed trading after 8:30 p.m. and that the narrow road could not accommodate them.

pp. 10–11

02Issues

i.1. Whether vending should be prohibited on Som Bazaar Road in view of the alleged obstruction and safety concerns.

pp. 10–11

ii.2. Whether vendors holding Certificates of Vending should be permitted to vend at an alternative location within the relevant area.

pp. 10–12

03Law Applied

The Court acted under its writ jurisdiction under Article 226 of the Constitution.

p. 1

The Court considered the terms of the vendors’ Certificates of Vending, including condition 11, which permitted vendors in the “Others” category to operate as mobile vendors within the relevant zone and ward, subject to non-vending areas.

pp. 11–12

04Reasoning

The Court considered the road’s narrow width, the residents’ concerns about obstruction and safety, and the reports of recurring encroachment despite removal drives.

pp. 10–11

It concluded that vending could not continue on Som Bazaar Road, including after 8:30 p.m. At the same time, it addressed the position of certificate-holding vendors by permitting them to operate as mobile vendors elsewhere within Najafgarh Zone, Ward S-52, subject to other non-vending areas, and directing the MCD to identify a possible weekly-market location with the consent of local residents.

pp. 11–12