Suleman Abbas Vs Municipal Corporation of Delhi and Ors.

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$~12

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 17^th July, 2026 Uploaded on: 20^th July, 2026

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- W.P.(C) 16152/2025 and CM APPL. 66099/2025 and CM APPL. 30821/2026

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SULEMAN ABBAS .....Petitioner Through: Ms. Renu, Mr. Swagata Gupta, Mr. Kamlesh Kumar Mishra and Ms. Shivani Verma, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Ms. Shilpa Ohri, ASC for R-1. Mr. Devvrat Yadav, SPC with Mr. Kartik Sharma, GP for UOI.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN

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Prathiba M. Singh, J. (Oral)

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This hearing has been done through hybrid mode.

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The present petition has been filed by the Petitioner seeking inter alia , directions to the Respondents to implement the order dated 6^th December, 2019 issued by the Assistant Commissioner, Municipal Corporation of Delhi and give physical possession of the tehbazari site allotted to the Petitioner.

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The brief background of the present case is that, the Petitioner is stated to be an old squatter who had a tehbazari site at Dangal Maidan . However, the said site was demolished for the redevelopment plan of Dangal Maidan

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.07.2026 18:16:02

W.P.(C) 16152/2025

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parking.

Pursuant to the said demolition, the MCD vide order dated 6th December, 2019 reallotted the tehbazari site of the Petitioner to Kucha Natwa, Chandni Chowk in accordance with letter dated 2nd April, 2018 having reference no. No. ADC/ CSPZ/2018/D-8 , as per which tehbazaris of SPM, Kauria Pul, Khoya Mandi, Bankhandi Mandir, DEMS(HQ) and Dangal Maidan were shifted to Subzi Market, Bagh Deewar .

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In compliance with the aforesaid order, a possession slip dated 3rd January, 2020 was issued to the Petitioner by Administrative Officer, CitySP.

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The Petitioner is one of the seven tehbazari holders, who was issued the aforesaid possession slip site at Kucha Natwa, Chandni Chowk.

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However, in the said site, the Petitioner had made permanent construction which led to the allotment of the tehbazari site being cancelled. 8. The said cancellation was challenged by the Petitioner in the writ petition being W.P.(C) 1403/2022 titled ‘Suleman Abbas & Ors. v. North Delhi Municipal Corporation & Ors.’ .

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In the said writ petition, vide order dated 24th January, 2022, this Court took serious note of the fact that the Petitioner and other such tehbazari holders had placed temporary lockable structures with shutters at the vending sites.

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The Court, after having heard the MCD and Petitioners therein, had come to the conclusion that this was in clear violation of the vending conditions itself. Thus, the Court observed as under:

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“13. Secondly, the concept of Tehbazari and Street Hawking and Vending does not envisage that the

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.07.2026 18:16:02

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W.P.(C) 16152/2025

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Page 2 of 7

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hawkers or vendors would occupy – round the clock, any particular place, or erect on the allotted site any structure – whether permanent or temporary, much less, on their own . All that the Supreme Court observed in the aforesaid order was that the MCD was proposing to allow the Tehbazari/ vending sites to be covered – wherever possible, for which standard design would be evolved by the Corporation. It does not mean that the hawkers and vendors can occupy permanently, or even round the clock, Tehbazari/ vending sites. The activity of Tehbazari /vending itself postulates that the activity would be carried out only on the days the said activity is permitted; during the times of the day when such activity is permitted, and within the area, within which the activity is permitted. There is no question of any hawker or vendor, staking a claim to occupy any public space in the name of hawking and vending, round the clock, by placing a lockable structure with shutters– temporary or otherwise, at the site and converting the same into a shop, where the hawker/ vendor and his goods can permanently remain round the clock.

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xxx xxx xxx 16. It is clear to us that the MCD itself appears to have misunderstood the concept of street hawking and vending – if the submission of Ms. Aggarwal were to be accepted, that they have themselves come up with the design of a lockable kiosk with shutters, which may be erected at the Tehbazari site to provide protection against inhospitable weather conditions to the hawkers and vendors. A Tehbazari license is merely a hawking and vending license on the street. The street is meant primarily for the use of the people to commute – either on foot or in a vehicle – motored or manually driven. The Tehbazari license does not give a right to the licensee to claim or usurp any part of the public street, or foot path, for his or her exclusive use by placing, either permanent or temporary structure. Just like the public, the hawker/ vendor can use the street, however,

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.07.2026 18:16:02

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W.P.(C) 16152/2025

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for carrying out the activity of hawking/ vending on the street, he/ she must obtain a license. He may keep/ display his goods and wares strictly in terms of the license However, that license cannot be construed as an allotment of a parcel of land on the street for the exclusive use of the licensee. The installation of the lockable kiosk with shutters- of the kind placed by the petitioner seeks to do that. We may also observe that the kiosks/ structures in question are – in the context of the rights of the pedestrians and other users of streets, pathways and public spaces, permanent and cannot be considered as temporary. This is because these structures/ kiosks – though not rooted and embedded into the earth, are not capable of being moved by persons while use in public streets, pathways and spaces, if they are found to be causing obstruction. They would require several people to move them from one place to another, and may even require machinery and equipment for being moved. Thus, for all practical purposes they are permanent.

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17. The state of the city today is alarming vis-à-vis hawking and vending activities which are taking place in already crowded markets. The open spaces meant for pedestrians, commuters and market goers have been completely taken over by the street vendors and hawkers, to the grave detriment of the citizenry.

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18. Recently, we had occasion to look at photographs of hawkers and vendors in Chandni Chowk area, carrying on their hawking and vending activity on open pavements and path ways. We found that the said activities were being carried out in a completely unregulated manner, and hawkers and vendors have sprawled themselves, and their goods, at will, all over the place, including right in the middle of the walk ways and even under the bus shelter .”

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.07.2026 18:16:02

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W.P.(C) 16152/2025

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In terms thereof, the Court has observed that a tehbazari licensee cannot erect a lockable, shuttered kiosk and turn the vending site into a shop. Further, it was also noted that such kiosks created by the Petitioner, being immovable in any practical sense, were permanent structures.

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Under these circumstances, the petition filed by the Petitioner and other similarly placed tehbazari holders was dismissed with costs of Rs.5,000/- and their structures were removed.

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In another writ petition being W.P.(C) 1847/2020 titled ‘Kucha Natwa Resident Vikas Association Regd. and Ors. v. North Delhi Municipal Corporation’ the Kucha Natwa resident Vikas Association had approached the Court challenging the order dated 6th December, 2019.

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In the said petition, vide order dated 25th January, 2024, the Court had observed that the Petitioner along with the other tehbazari holders had been allotted sites at Kucha Natwa, Chandni Chowk and had rejected the contentions of the Petitioners-RWA therein. The relevant portion of the said order dated 25th January, 2024 is set out below:

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“....4. Prima facie, we are unable to accept this contention. The site plan clearly indicates that the site is located between the two sets of stalls on the same road. Therefore, the contention that it would further narrow the main Kucha Natwa Market Road, is not persuasive. The stretch of the said road is narrower than what would remain after the allocation of the sites.

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5. At this stage, the learned counsel for petitioners submit they may be permitted to make representations to the Municipal Corporation of Delhi.

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6. In view of above, the present petition stands disposed

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.07.2026 18:16:02

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W.P.(C) 16152/2025

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of by granting liberty to the petitioners to make representations to the Municipal Corporation of Delhi for considering the feasibility of reallocating at the more appropriate site, if otherwise available. Pending applications also stands disposed of.”

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The present writ petition has now been filed for identification and allocation of tehbazari site to the Petitioner, pursuant to order dated 25^th January, 2024 in W.P.(C) 1847/2020 .

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On 7th May, 2026, an application had been filed by the Petitioner seeking physical possession of the site at Kucha Natwa, Chandni Chowk. On the said date, the Court had issued notice in the application and MCD was directed to seek instructions and file its reply.

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Today, the status report-cum-affidavit has been filed by the MCD. 18. The submission on behalf of the Petitioner is that despite the order dated 25th January, 2024, no space has been allotted to the Petitioner.

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On the other hand, ld. Counsel for the Respondent submits that the Petitioner was given an alternative site, however, the Petitioner did not comply with the conditions and had erected a permanent structure, which led to the demolition of the said structure. Thus, the Petitioner is to blame himself for his own situation.

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Heard. A perusal of the status report filed on behalf of the MCD would reveal that, insofar as the new alternate site at Kucha Natwa, Chandni Chowk is concerned, the Resident Welfare Association had objected to the tehbazari holders being allotted sites there, inasmuch as the space is very narrow and, consequently, even the No Objection Certificates from the Fire Department, etc. were not being obtained.

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.07.2026 18:16:02

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W.P.(C) 16152/2025

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In these circumstances, the only order that this Court is inclined to pass, at this stage, is that the Petitioner who only has a possession slip for Kucha Natwa, Chandni Chowk, which was given a few years ago, cannot as a matter of right, continue to claim rights to hold the specific site at Kucha Natwa.

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The Town Vending Committee of the MCD is in the process of being constituted in July, 2026, and the elections are presently underway.

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Accordingly, it is directed that upon the TVC being constituted, an alternate site where the Petitioner shall be permitted to vend shall be identified by the concerned TVC within a period of three months.

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The Petitioner shall ensure that in the alternate site, the terms and conditions of the tehbazari license shall be duly complied with and there would be no violation of the same.

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