MCD Directed to Expeditiously Relocate De-surveyed Tehbazari Holders Following Constitution of Town Vending Committee-II

In brief

The question

1. Whether the Petitioners are entitled to an immediate allotment of alternative tehbazari sites despite the current non-existence of a functional Town Vending Committee.

The court held

The Court held that the decision must be finalized within three months from the date of the TVC-II's constitution, strictly adhering to the directions laid down in the earlier judgment of November 6, 2023.

It also directed

The Court disposed of the petition by directing that once TVC-II is constituted (per the July 21, 2026 timeline), it must consider the Petitioners' cases expeditiously.

01Facts

The Petitioners are tehbazari (vending) holders who were dislocated in 2012 due to Delhi Metro construction by the DMRC.

pp. 1-2

In a prior litigation, Mohd Hussain & Ors. v. MCD & Ors. [W.P.(C) 15989/2022], the High Court ruled on November 6, 2023, that the Petitioners had no vested right to return to their original site near Red Fort due to ASI security and congestion concerns.

¶ 10

The Court directed them to approach the Town Vending Committee (TVC) for allotment of a feasible alternative site.

¶ 13

Subsequent to that order, the Petitioners filed a contempt petition [CONT. CAS(C) 1750/2024] because no site was allotted.

¶ 5-6

The MCD reported that TVC-I had been disbanded and the case would be considered once TVC-II was constituted.

¶ 5-6

The Petitioners filed the present writ seeking immediate allotment of alternative sites.

¶ 8

02Issues

i.1. Whether the Petitioners are entitled to an immediate allotment of alternative tehbazari sites despite the current non-existence of a functional Town Vending Committee.

p. 4 / para. 9

ii.2. Whether the court should provide a time-bound direction for the newly mandated TVC to resolve the Petitioners' relocation claims.

p. 7 / para. 11

03Law Applied

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, specifically Section 18, which mandates that the TVC is the statutory authority for the relocation and allotment of sites to street vendors.

¶ 6

Principles of judicial consistency by following its own prior Division Bench judgment in Mohd Hussain & Ors. v. MCD & Ors. (2023).

¶ 3

Time-bound framework for TVC constitution established in W.P.(C) 2243/2022.

¶ 10

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

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 Section 18

04Reasoning

The Court observed that the right of the Petitioners to be considered for alternative sites was already crystallized by the judgment dated November 6, 2023.

¶ 9

The delay in implementation was primarily due to the administrative vacuum created by the disbanding of TVC-I and the pending constitution of TVC-II.

¶ 10

The Court noted that in a related matter [W.P.(C) 2243/2022], the MCD had already submitted a finalized timeline for the constitution of TVCs, with elections scheduled for June 30, 2026, and full constitution expected by July 21, 2026.

¶ 10

Since the statutory machinery (TVC) is essential for site verification and vending categorization (mobile vs. stationary), the Court determined that the Petitioners' claims must be processed through this upcoming statutory body rather than through direct court allotment.

¶ 10-11

05Holding

¶ 11

The Court disposed of the petition by directing that once TVC-II is constituted (per the July 21, 2026 timeline), it must consider the Petitioners' cases expeditiously.

¶ 11

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