Relocation of a weekly market is permissible to balance street vendors' livelihood and residents' right to life.

The Residents Welfare Associations (RWAs) of Shalimar Bagh filed a petition under Article 226 of the Constitution seeking the removal and relocation of the "Weekly Monday Market" held at Guru Gobind Singh Marg.

The Petitioners alleged that while only 300 vendors are authorized, approximately 800-1200 vendors operate at the site, causing severe traffic congestion, encroachment on footpaths, and obstruction of emergency services (ambulances/fire engines).

In a previous related petition, Surender Kumar Sharma v. MCD (2025), a Coordinate Bench had permitted the market to continue subject to strict regulation of vendor numbers and timings (4 PM - 10 PM).

Despite those directions, inspections by the MCD on March 23, 2026, revealed semi-permanent metal structures, illegal use of plastic, and substantial roadway encroachment.

1. Whether the continued operation of the weekly market in a densely populated residential area violates the residents' right to a peaceful life and access to emergency services due to extreme congestion.

2. Whether the "Right to Livelihood" of authorized street vendors can be balanced against the "Right of Way" of residents through relocation to a non-residential site.

The Court applied the MCD Policy Relating to Weekly Bazaars, which mandates that weekly markets must not block roads, must avoid traffic congestion, and must be removed to a spacious area if they cause heavy traffic.

It also considered the GNCTD Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Scheme, 2019, which empowers Local Bodies in consultation with Town Vending Committees (TVC) to establish vending zones and relocate vendors to ensure non-congestion.

Furthermore, the court sought to balance the competing rights under Article 21 (Right to Life/Peaceful Living) and Article 19(1)(g) (Right to Livelihood).

The Court observed that although the previous order permitted 300 authorized vendors, the ground reality involved nearly triple that number, rendering the authorities (MCD and Police) unable to control the overflow.

Utilizing photographic evidence showing the "inundation" of the colony, the Court determined that the current residential location was no longer sustainable due to increased population density and the "harrowing accounts" of residents, such as delayed funeral processions.

The Court reasoned that since the MCD had identified an alternative, unencumbered site at Kela Godown Road (1.25 km away) capable of accommodating 300 vendors in an organized 6x4 ft format without paralyzing the residential colony, relocation was the only viable solution to restore the "right of way" while preserving the vendors' livelihood.

The Court directed: (i) Only 300 verified authorized vendors with Certificates of Vending (CoV) are permitted; (ii) All vendors must undergo KYC/Aadhar verification and display verified CoVs at their vends; (iii) Stalls are strictly limited to 6x4 ft with a daily fee of Rs. 1,000/-; and (iv) The SHO and Assistant Commissioner must ensure two lanes of vehicular movement remain clear.

The market at its original BH Block site was ordered to cease immediately after July 20, 2026.