Public interest in maintaining drainage infrastructure overrides street vending rights pending verification of license authenticity.

The petitioners, claiming to be valid Tehbazari license holders and vendors in the Timarpur area, challenged a demolition and removal 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, asserting they held valid licenses expiring in March 2026

The PWD contended that the vends were encroaching upon public land and drains, causing severe waterlogging by blocking manholes

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

Procedurally, the Court had previously directed status reports and the formation of an Inquiry Committee by the MCD to verify the authenticity of the vendors' documents

1. Whether the removal of the petitioners’ tehbazari vends was legally justified on the grounds of public interest and infrastructure maintenance?

2. Whether the tehbazari licenses produced by the petitioners are genuine or the result of administrative fraud and collusion?

3. What measures must be taken against officials involved in the potential fabrication of vending rights?

The Court emphasized that Tehbazari rights are purely temporary and subject to the condition that the site must be vacated for government work or public interest

The Court exercised its writ jurisdiction under Article 226 of the Constitution of India to oversee administrative accountability

It further relied on the statutory framework governing the MCD and the mandate of the Town Vending Committee to regulate street vending in accordance with the relevant Acts and Rules

The Court perused the PWD’s affidavit and photographic evidence, which conclusively demonstrated that the vendors had occupied road surfaces and blocked manholes, leading to choked sewage systems and severe waterlogging

It reasoned that anti-encroachment drives are "absolutely essential" to prevent civic crises during the rainy season, noting that public infrastructure maintenance outweighs individual vending claims

Regarding the licenses, the Court found the MCD’s admission of internal "unscrupulous activities" alarming

It determined that the petitioners could not claim valid rights until a Fact-Finding Committee verified the authenticity of their documents against official records

The Court expanded the Committee’s scope to identify and recommend action against erring officials to ensure administrative integrity

The Court directed the Scrutiny Committee to complete its inquiry into the authenticity of the licenses and the conduct of officials within one month

If petitioners are subsequently found to be valid license holders, the Court reserved the right to consider their relocation

The PWD was directed to proceed with desilting and road restoration

The SHO of PS Timarpur was ordered to ensure no vending activities resume in the interim

Compliance report is due by May 22, 2026