Public interest in drainage maintenance overrides temporary vending rights, justifying mandatory removal of infrastructure-hindering encroachments.

Eight petitioners, claiming to be valid "Tehbazari" (street vending) license holders in the Timarpur area of Delhi, challenged a demolition and anti-encroachment drive conducted by the Public Works Department (PWD) and the Municipal Corporation of Delhi (MCD) on February 5, 2026

The petitioners sought the restoration of their vending sites and the right to operate until the expiration of their licenses in March 2026

The PWD contended that the removals were necessary because the vends were situated over drains and manholes, causing severe waterlogging and blocking maintenance

Simultaneously, the MCD alleged that several licenses relied upon by the petitioners were fabricated through the connivance of "unscrupulous officials"

1. Whether the removal of the petitioners' vends was legally justified in light of public interest and the maintenance of essential drainage infrastructure

2. Whether the petitioners possess valid and genuine Tehbazari rights to occupy the sites in question

3. What actions should be taken against officials suspected of fabricating vending licenses

The Court exercised its writ jurisdiction under Article 226 of the Constitution of India

It applied the principle that Tehbazari rights are "purely temporary" and holders must vacate sites for government work or in the public interest

The Court also emphasized the statutory role of the Town Vending Committee and relevant MCD Acts/Rules in verifying the authenticity of vending licenses

The Court perused photographic evidence submitted by the PWD, which clearly showed that shopkeepers and dhaba owners had covered manholes and choked the drainage system, leading to severe waterlogging

The Court reasoned that such encroachments are a primary cause of Delhi's seasonal waterlogging and that their removal is "absolutely essential" for civic welfare

Regarding the petitioners' claims of legality, the Court took note of the MCD’s admission that its own officials may have been involved in the "creation and fabrication" of the licenses

The Court held that since the documents' authenticity was in doubt, no rights could be claimed until the newly formed Scrutiny Committee completed its fact-finding mission

The Court determined that the public’s right to a functional drainage system outweighed the petitioners' temporary vending claims

(ii) It mandated the MCD's Scrutiny Committee to verify the authenticity of the petitioners' documents within one month

(iii) It expanded the Committee’s Terms of Reference to include identifying and recommending strict action against "erring officials" who connived in issuing fabricated licenses

(iv) It authorized the PWD to continue desilting and road repairs to eliminate waterlogging

The matter was listed for compliance on May 22, 2026