Recently, the Delhi High Court directed authorities to allow the Monday weekly market at BH Block, Shalimar Bagh, to continue, limiting participation to 300 authorised vendors with valid Certificates of Vending (CoV). The Court emphasised that operational challenges such as excess vendors, encroachment, and safety issues must be addressed through regulation rather than discontinuation, observing that difficulties in enforcement do not confer the authority to shut down the market entirely.
Brief Facts:
The petitioners, all CoV holders, approached the Delhi High Court after being restrained from conducting the weekly market at BH Block, Shalimar Bagh. The authorities proposed shifting the market to another site, citing public complaints, but this was rejected by the Market Association.
The market had been functioning since 2020 with the Town Vending Committee’s approval for 300 vendors. However, inspections revealed alleged violations, including excess vendors, encroachment on public spaces, unauthorised structures, extended hours, safety hazards from open flames, traffic congestion, and use of banned polythene bags.
Contentions of the Respondent:
The respondents submitted that repeated violations and complaints from the Residents Welfare Association necessitated discontinuing the market at its current location. They argued that shifting the market to a nearby road would alleviate congestion and minimise inconvenience to residents, but the proposal was rejected by the vendors.
Observations of the Court:
The Court noted that the principal reason advanced for discontinuing the market, the increase in the number of vendors beyond the sanctioned limit, was an enforcement issue squarely within the respondents’ regulatory powers. It pointed out that the Town Vending Committee had fixed the number at 300 vendors, and if more vendors attempted to participate, it was incumbent upon the authorities to regulate access rather than penalise compliant vendors.
The Court stressed that market hours, fixed between 4 PM and 10 PM, were also subject to regulation, and any violation could be dealt with through targeted enforcement measures. Similarly, allegations of encroachment onto public roads, erection of permanent sheds, and safety hazards from open flames were matters that the law already empowered the respondents to address.
Crucially, the Court observed, “Merely because there are certain issues… will not give authority to respondents in discontinuing the weekly market".
Underlining the principle that administrative inconvenience or non-compliance by a section of participants does not justify the wholesale denial of a lawful livelihood to all authorised vendors. The Court emphasised that the proper remedy lay in enforcing the existing legal framework to remove unauthorised elements and ensure compliance, rather than shutting down the market entirely.
The decision of the Court:
The Court directed that the Monday weekly market at BH Block, Shalimar Bagh, shall continue every Monday between 4 PM and 10 PM, limited to 300 authorised vendors holding valid Certificates of Vending.
It clarified that respondents may take action against any vendor violating the CoV terms or operating without authorisation. They may also act against those encroaching on public spaces or erecting unauthorised structures, in accordance with law. The Court further held that any decision to shift or close the market must follow due legal process, and violations of CoV conditions will invite criminal action.
Case Title: Surender Kumar Sharma and Ors vs. Municipal Corporation of Delhi & Anr.
Case No: W.P.(C) 6487/2025
Coram: Justice Nitin Wasudeo Sambre, Justice Anish Dayal
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