01Facts
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
pp. 3-5, para 2-3The petitioners sought the restoration of their vending sites and the right to operate until the expiration of their licenses in March 2026
¶ 6The PWD contended that the removals were necessary because the vends were situated over drains and manholes, causing severe waterlogging and blocking maintenance
¶ 8, 11, 13Simultaneously, the MCD alleged that several licenses relied upon by the petitioners were fabricated through the connivance of "unscrupulous officials"
¶ 6, 2002Issues
i.1. Whether the removal of the petitioners' vends was legally justified in light of public interest and the maintenance of essential drainage infrastructure
p. 18, para 18ii.2. Whether the petitioners possess valid and genuine Tehbazari rights to occupy the sites in question
p. 19, para 24iii.3. What actions should be taken against officials suspected of fabricating vending licenses
p. 21, para 2803Law Applied
The Court exercised its writ jurisdiction under Article 226 of the Constitution of India
p. 21, para 28It applied the principle that Tehbazari rights are "purely temporary" and holders must vacate sites for government work or in the public interest
p. 9, para 13The Court also emphasized the statutory role of the Town Vending Committee and relevant MCD Acts/Rules in verifying the authenticity of vending licenses
pp. 19-20, para 2404Reasoning
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
pp. 10-18, para 14-15The Court reasoned that such encroachments are a primary cause of Delhi's seasonal waterlogging and that their removal is "absolutely essential" for civic welfare
¶ 16-18Regarding 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
¶ 19-20, 25The 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
¶ 24The Court determined that the public’s right to a functional drainage system outweighed the petitioners' temporary vending claims
¶ 17-1805Holding
The Court disposed of the writ petitions and issued the following directions: (i) It upheld the PWD's right to clear encroachments and ordered that no petitioner be allowed to re-install vends in the Timarpur area until the Scrutiny Committee's report is filed
p. 21, para 31, 35(ii) It mandated the MCD's Scrutiny Committee to verify the authenticity of the petitioners' documents within one month
¶ 29(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
pp. 21, para 27-28(iv) It authorized the PWD to continue desilting and road repairs to eliminate waterlogging
pp. 21-22, para 32The matter was listed for compliance on May 22, 2026
p. 22, para 36Original Court PDF
Ramesh ChandvsPublic Works Department And Ors
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