MCD empowered to relocate weekly markets to prevent public obstruction despite absence of Town Vending Committee

In brief

The question

1. Whether the Saturday weekly market at XYZ Block, Ranjeet Nagar, should be relocated or shut down due to public obstruction and lack of regulation.

The court held

The Court upheld the MCD's decision and ordered the immediate relocation of the Saturday weekly market to Madhav Setu Road.

It also directed

The Court directed the S.H.O. of the area to provide assistance for the shift and warned of stringent action against any obstructionists; ordered the MCD to collect Tehbazari fees exclusively via digital channels, ensure strict compliance with Paragraph 8.2 of the Delhi Street Vending Scheme, 2019, and prevent any permanent or temporary construction by vendors.

01Facts

The Petitioner, Mohd. Nizam, filed a writ petition under Article 226 of the Constitution seeking directions to the Municipal Corporation of Delhi (MCD) and Delhi Police to regulate/prevent unauthorized vending at the Saturday weekly market in XYZ Block, Ranjeet Nagar.

pp. 1-2

The Petitioner alleged that the market completely blocked roads, leading to the tragic death of his wife due to the inability of emergency transport to reach a hospital.

p. 2 · ¶ 3-4

Allegations were also made regarding private individuals collecting "protection money" from hawkers.

p. 2 · ¶ 5

Earlier, the Court had directed a joint inquiry by the DCP and MCD.

p. 2 · ¶ 6

In May 2026, the MCD reported that meetings between residents and vendors were inconclusive due to heated altercations, but the competent authority had formally approved the relocation of the market to Madhav Setu Road.

pp. 4-5 · ¶ 8-10

02Issues

i.1. Whether the Saturday weekly market at XYZ Block, Ranjeet Nagar, should be relocated or shut down due to public obstruction and lack of regulation.

p. 3 · ¶ 6 · p. 5 · ¶ 11

ii.2. Whether the MCD has the authority to take relocation decisions in the absence of a functional Town Vending Committee-II.

p. 7 · ¶ 14

03Law Applied

Delhi Street Vending Scheme, 2019, specifically Paragraph 8.2, which mandates that vendors must prominently display Certificates of Vending and maintain cleanliness and hygiene at their sites.

p. 6 · ¶ 12(iii)

MCD Circular dated 30th December, 2009, which stipulates that weekly markets should only be held once a week on days when local markets are closed.

p. 3 · ¶ 6

Article 226 of the Constitution to ensure public order and the right to unhindered movement on public roads.

pp. 1-2

Provisions in the judgment · 1

Delhi Street Vending Scheme, 2019 Section 8

04Reasoning

The Court observed that the current location of the Saturday market in XYZ Block caused severe congestion, hindering vehicular and pedestrian movement to a life-threatening degree.

p. 2 · ¶ 3-4

The Court analyzed the MCD’s status report, which confirmed that an administrative decision for relocation to Madhav Setu Road had been finalized as of April 2026.

p. 4 · ¶ 8

Regarding the procedural objection that only the Town Vending Committee (TVC) could recommend relocation, the Court took judicial notice of the delays in constituting TVC-II. It reasoned that such administrative delays cannot paralyze the MCD's ability to make essential day-to-day decisions regarding public safety and order.

p. 7 · ¶ 14

To prevent future illegality, the Court linked the relocation to digital fee collection to curb the unauthorized sub-letting of vending spaces.

p. 6 · ¶ 12(ii)