Delhi High CourtAdministrative and Public LawCivil Procedure and Evidence

Delhi HC Orders MCD To Return Janakpuri Street Vendor’s Seized Goods After Applicable Fine Is Paid

Mahipal Singhv.Municipal Corporation Of Delhi And Ors

Delhi HC Orders MCD To Return Janakpuri Street Vendor’s Seized Goods After Applicable Fine Is Paid. Mahipal Singh vs Municipal Corporation Of Delhi And Ors. Delhi High Court. LawLens
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In brief

The question

1. Whether the petitioner’s seized goods should be released, and on what terms

The court held

The Court directed MCD to release all goods seized from the petitioner immediately upon payment of the applicable penalty.

It also directed

It reiterated that seizure memos must be issued in accordance with the directions in Rehri Patri Ekta Manch. The application was disposed of, and the next hearing date was cancelled.

01Facts

The petitioner, a street vendor holding a provisional Certificate of Vending (CoV) for West Zone, Ward S-15, sought permission to vend at a site in Janakpuri. MCD officials seized goods from his vending cart on 2 July 2026.

p. 2 · ¶ 4–8

In an earlier order disposing of the petition, the Court declined to interfere with removal of the cart or imposition of the fine, but permitted vending in accordance with the provisional CoV.

p. 2 · ¶ 4–8

The petitioner later applied for release of the seized goods. MCD submitted that the goods would be returned upon payment of the applicable fine and that its action was taken under Section 322 of the Delhi Municipal Corporation Act, 1957, as the petitioner had not yet received a final CoV.

p. 3 · ¶ 10, 13

02Issues

i.1. Whether the petitioner’s seized goods should be released, and on what terms

p. 3 · ¶ 7, 10–11

ii.2. Whether MCD was required to issue a seizure memo when seizing the petitioner’s goods

pp. 3–4 · ¶ 12–14

03Law Applied

Section 322 of the Delhi Municipal Corporation Act, 1957 was cited by MCD as the basis for its action concerning the petitioner’s vending activity pending issuance of a final CoV.

p. 3 · ¶ 13

The Court also relied on its directions in Rehri Patri Ekta Manch v. Govt. of NCT of Delhi & Ors., W.P.(C) 10490/2026, dated 10 September 2026: MCD and NDMC may issue seizure memos within 24 hours of seizure, and each memo must specify the seizure date, goods seized, shelf numbers if any, applicable penalty or fine, and the concerned officer’s name, signature, and designation.

pp. 3–4 · ¶ 14

Provisions in the judgment · 1 · Linked ones open on LawLens

Delhi Municipal Corporation Act, 1957 Section 322

04Reasoning

The Court had already declined to set aside the cart’s removal or the fine, so it did not revisit those matters. It directed release of the seized goods upon payment of the applicable penalty, consistent with MCD’s submission that the goods would be returned upon payment.

pp. 2–3 · ¶ 8–11

As no seizure memo had been placed before the Court, it reiterated that seizure memos must be issued and applied the procedure set out in Rehri Patri Ekta Manch.

pp. 3–4 · ¶ 12–15

05Holding

The Court directed MCD to release all goods seized from the petitioner immediately upon payment of the applicable penalty.

p. 4 · ¶ 15

It reiterated that seizure memos must be issued in accordance with the directions in Rehri Patri Ekta Manch. The application was disposed of, and the next hearing date was cancelled.

pp. 3–4 · ¶ 12–14 · p. 4 · ¶ 16
Delhi High Court

Original Court PDF

Mahipal SinghvsMunicipal Corporation Of Delhi And Ors

Delhi High Court · November 04, 2026

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