Delhi HC Orders NDMC To Finalise Area-Wide Vending Plan Before Hearing Shopkeepers And Vendors, With Delhi Govt To Decide Finally

The Petitioners applied under Section 151 of the Code of Civil Procedure, 1908, seeking an opportunity to be heard by the New Delhi Municipal Council (NDMC) before finalisation of the vending plan.

An earlier order had directed that representatives of shopkeepers and vendors be heard by the competent authority while the Town Vending Plan and applicable norms were being considered.

The Chief Secretary subsequently informed the Court that the plan had been returned to NDMC with concerns.

The Court noted that NDMC had substantially completed its survey of old Tehbazari holders and that the Delhi Traffic Police had provided comments.

Section 151 of the Code of Civil Procedure, 1908, was invoked as the procedural basis for the Petitioners’ application.

Under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Delhi Government is responsible for the final decision on the vending plan and applicable norms; NDMC, as the local authority, prepares and submits the plan and may make changes to it before submission.

The Court also relied on its earlier directions requiring stakeholder representations to be heard before a decision was taken.

The Court considered that the earlier opportunity to make submissions had not resolved the issue: the plan had been returned to NDMC, while the Delhi Government’s stated position was that the local authority should address stakeholders’ comments and objections.

Given NDMC’s role in preparing the plan and the Government’s ultimate statutory responsibility for approving it, the Court directed a sequenced process: NDMC was to complete the plan, stakeholders were to be heard jointly by NDMC and the Joint Secretary, and NDMC was to incorporate any resulting changes before submitting the plan to the Government.

The Delhi Government was then to decide the plan and applicable norms under Section 21, with the Chief Secretary ensuring early consideration and approval.

The order records the submission deadline as 10 January 2026, which predates the specified hearing date of 8 December 2026 and appears to be a date inconsistency in the text.

The writ petition was listed for 26 November 2026.