Mohd. Nizam Vs Municipal Corporation of Delhi and Anr.

The present petition has been filed by the Petitioner- Mohd. Nizam under Article 226 of the Constitution of India, inter alia , seeking directions to the Municipal Corporation of Delhi (hereinafter, ‘MCD’) and the S.H.O P.S. Ranjit Nagar, Delhi to prevent the unauthorised

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W.P.(C) 6327/2025

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vending and seeking regulation of the Saturday weekly market at XYZ Block, Ranjeet Nagar, New Delhi.

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The present petition was first listed on 13th May, 2025, wherein the Court was apprised of the unauthorised manner in which the Saturday weekly market was being carried out in the Ranjeet Nagar area. On the said date, the Court was informed that the wife of the Petitioner had passed away due to non-availability of timely transport to the hospital, in view of the blocking of roads by the tehbazari vendors, who were vending in the Ranjeet Nagar area.

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In addition, the Court on the said date had also perused the photographs which showed that the road in the XYZ block, Ranjeet Nagar area was almost completely blocked due to the vending activities which were being carried out.

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Furthermore, the Court had also considered the further case of the Petitioner that there were certain private individuals, collecting ‘Protection Money’ from hawkers, to permit vending activities in the said area.

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Under these circumstances, the Court vide order dated 13th May, 2025 had directed as under:

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“[...]

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13. Accordingly, the Deputy Commissioner of Police (DCP) and the Deputy Commissioner (MCD) of the concerned area shall conduct a joint thorough inquiry in respect of the weekly market in Ranjeet Nagar, Delhi including the allegation of collection of protection money from hawkers to permit them to vend. A report shall be placed before this Court.

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14. The MCD shall ensure that only those vendors who are duly licenced by the MCD shall be allowed to vend in the weekly market. In addition, the circular which is placed on record dated 30th December, 2009 clearly provides that the weekly markets would be held once a week. The said circular reads as under:

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“.... The Weekly Market would be held once a week on the day on which the market/markets are closed in that area.”

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15. Let the Deputy Commissioner (MCD) take a decision on the aspect of continuation of Saturday weekly market and if so in what manner. Let strict guidelines be framed and a report be placed before this Court.

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16. Both the authorities, i.e., the Deputy Commissioner (MCD) and the DCP, Ranjeet Nagar, shall jointly place a status report on the record, in respect of the following aspects:

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The status of the Saturday weekly market and the

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number of vendors who are vending;

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Whether all the said vendors are licensed;

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Collection of 'Protection Money' by any individuals

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and if so what action has been taken;

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Whether there is adequate space for vehicular and

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pedestrian movement;

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Recommendations of the MCD and the DCP, Delhi

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Police on continuation of the Saturday weekly market;

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17. List on 18th August, 2025

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Pursuant thereto, the matter had been listed from time to time. On 23rd May, 2026, ld. Counsel for the MCD had sought time to apprise the Court about the proposal tabled by its officials for either shutting down the Saturday weekly market or to conduct the same on Mondays. Considering the same, the Court had passed the following

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directions:

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3. Let the said proposal be finalised and the final status report be placed on record by the MCD within a period of four weeks and no further liberty shall be granted.

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4. The concerned Asst. Commissioner shall hear the residents including the Petitioner and the street vendors before finalising the proposal…”

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Today, a status report has been filed by the MCD stating as

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under:

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“3. That the issue with regard to shutting down/shifting of the Saturday Weekly Market from its correcnt location, XYZ Block, Ranjeet Nagar had been considered and the Competent authority vide approval dated 02.04.2026 has approved the relocation of XYZ Weekly Market from its current location to Madhav Setu Road Ranjeet Nagar. A letter vide no. D.1190/AC/KBZ/2026 dated 13.04.2026 has also been sent to DCP, Central District, Daryaganj, New Delhi to pass necessary direction to concerned Police Station so that the area made encroachment free by shifting of weekly market from XYZ Block to Madhav Setu Road, Ranjeet Nagar is not reoccupied by the vendors. The copy of the letter dated 13.04.2026 to DCP, Central District, Daryaganj, New Delhi is annexed herewith as Annexure-A.

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4. That a meeting under the Chairmenship of Assistant Commissioner, Karol Bagh Zone with RWA's/Vendors and petitioner in the present matter had also been fixed for 11.05.2026. The said meeting

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was attended only by the RWA members. The meeting was again fixed for 15.05.2026. The minutes of the meeting dated 11.05.2026 are annexed herewith as Annexure-B.

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5. That another meeting on 15.05.2026 under the Chairmenship of Assistant Commissioner, Karol Bagh Zone was convened which was attended by RWA's members, Vendors and petitioner. However, a meeting could not be concluded due to disruption and heated altercation among them”

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According to the said status report, the stand of the MCD now is that a decision has been taken to shut down the Saturday Weekly Market from its current location in XYZ Blocks at Ranjit Nagar, Delhi and to relocate the same to Madhav Setu Road, Ranjeet Nagar. In this regard, a letter dated 13^th April, 2026 has also been placed on record with the said status report.

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Further, ld. Counsel for the MCD submits that the meetings held on 14th–15th May, 2026 between the vendors, RWA members, and the Petitioner could not be concluded owing to the disruptions and heated altercations between the residents and the vendors.

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The Court has heard the parties and perused the records. Considering that the MCD had already taken a decision to shift the weekly market, it is directed that the weekly market shall now be shifted to Madhav Setu Road, Ranjeet Nagar, as decided by the MCD. 12. Accordingly, the following directions are issued:

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(i) The concerned S.H.O. of the area shall extend all necessary assistance and cooperation for relocating the weekly market. The vendors and the residents of the Ranjeet Nagar area

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shall also render necessary cooperation in the matter. In the event of any obstruction, non-compliance, or interference with the implementation of the of the orders passed by the MCD regarding shifting of the market, stringent action shall be taken in accordance with law, against the persons responsible.

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(ii) Upon shifting of the market, the MCD shall commence collection of the Tehbazari fee through UPI and/or any other recognised banking channel, in order to ensure that sub-letting of vending licenses can be tracked. The MCD shall also create and maintain separate accounts in respect of each vendor to ensure proper accounting of the Tehbazari fee, and to prevent any unauthorised or illegal vending activities.

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(iii) The vending activities at the Saturday Weekly Market shall be carried out strictly in accordance with Paragraph 8.2 of the Delhi Street Vending Scheme, 2019. As per the said provision, all vendors shall prominently display their respective Certificates of Vending and shall maintain proper cleanliness and hygiene in and around their vending sites. Paragraph 8.2 of the Delhi Street Vending Scheme, 2019 shall be strictly complied with, failing which, the MCD shall take action in accordance with law.

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(iv) No permanent or temporary construction shall be made by any of the vendors. In the event of any violation of the same, the residents are at liberty to approach the MCD or the concerned S.H.O for necessary action.

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At this stage, Mr. Mishra, ld. Counsel, objects to the

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recommendation made by the MCD on the ground that the same has to be made by the Town Vending Committee-II.

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This Court takes judicial notice of the fact that the constitution of the Town Vending Committee-II, for whatever reason, is being delayed and in the absence of the same, it cannot be said that the MCD cannot take day-to-day decisions. In view thereof, the said objection is untenable.

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