Delhi High Court
Surender Kumar Sharma And Ors vs Municipal Corporation Of Delhi & Anr on 7 August, 2025
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 07th August, 2025
+ W.P.(C) 6487/2025 & CM APPL. 29561/2025, CM APPL.
43032/2025
SURENDER KUMAR SHARMA AND ORS .....Petitioners
Through: Mr. Rajat Wadhwa, Mr. Gurpreet
Singh, Mr. Manish Kumar, Mr.
Honey Jain & Mr. Sahi Kakkar,
Advocates.
versus
MUNICIPAL CORPORATION OF DELHI & ANR.
....Respondents
Through: Mr. Anubhav Gupta, Panel
Counsel for GNCTD.
Ms. Puja S. Kalra, Standing
Counsel with Mr. Virendra Singh,
Advocate for MCD & Mr. Sharad
Yadav, AO, KPZ, MCD.
Ms. Sangita Malhotra, Senior
Panel Counsel with Mr. V.K.
Gupta & Mr. Rajat Kapoor,
Advocates for Respondent
no.2/SHO, Shakarpur.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE ANISH DAYAL
Signature Not Verified
Signed By:ROSY
MUNJAL W.P.(C) 6487/2025 Page 1 of 6
Signing Date:11.08.2025
13:44:15
JUDGMENT (ORAL)
NITIN WASUDEO SAMBRE, J.
1. Petitioners who are the holders of the Certificate of Vending
('CoV') have approached this Court seeking directions to respondents not
to restrain them from holding the weekly market on every Monday at BH
Block, Shalimar Bagh, Delhi.
2. Pursuant to notice issued by this Court, respondents have filed a
short affidavit, wherein they have claimed that the weekly market can be
conducted, by offering an alternate site. Relevant statement on the part of
the respondents in paragraph 12, which is extracted as under:
"12. That the RWA also requested that the said
Monday weekly market may kindly be shifted to a
nearby road (Kela Godown Road) which is about
1 km from the present location and where the
density of population and vehicles are much less
as compare to the current location of Monday
weekly market, however the same was rejected by
the Market Association."
3. It is borne out from the record that the weekly market on Monday,
viz. BH Block, Shalimar Bagh was permitted thereby accommodating
around 300 vendors vide the approval of the Town Vending Committee
(TVC) on 28th October 2020.
4. It is the case of the respondents that, for the following reasons,
vending activity is discontinued and the alternate site is offered:
"That in pursuance of the complaint of Retired
Public Servant Residents Welfare Association, BD
Block, an inspection was conducted out by the
concerned Licensing Inspector on 21.04.2025.
During the Inspection on21.04.2005, the
following violations of the norms of Weekly
Baazar were observed (copy of the report
enclosed as Annexure-'A' (Colly): -
a. Uncontrolled increase in number of vendors
beyond sanction limit.
b. Encroachment of public roadways and common
areas, effecting pedestrian movements.
c. Erection of unauthorized structures such as
permanent sheds, tarpauolin shelters etc.
d. Extended market hours beyond the permissible
time, disturbing local residence.
e. Use of open flames and cooking equipment
creating safety and sanitation hazards.
f. Severe traffic congestion and parking
violations, which might obstruct emergency
services.
g. Vendors were found using Polythene Bags
under 120 Micron and failed to comply with the
directions/rules specified in respect of Single Use
Plastic and 11 kg of Polythene bags were also
seized during the inspection."
5. As far as difficulties narrated by respondents for not permitting the
Monday weekly market is concerned, one of the reasons cited is
uncontrolled increase in number of vendors beyond sanctioned limit. It is
in the order dated 28th October 2020 of the competent authority that the
number of vendors is fixed at 300. In case there is increase in the number
of vendors, it is for the respondents to regulate the entry of vendors and
that too, the period for which such market is to be held, i.e. from 4 PM to
10 PM. Merely because there are 600 vendors of which300 vendors are
unauthorisedly vending in the said area may give rise to commotion; in
such an eventuality, it is for respondents to control the number of
vendors to be accommodated in the said area, as well as prescribed time
limits.
6. Apart from the above, other reasons cited are encroachment of
public roadways and common areas, affecting the pedestrian movement,
and erection of unauthorised structures such as permanent sheds.
Respondent-authority is vested with the power to act against such
unauthorised encroachers or those who erect unauthorised structures and
permanent sheds. It is equally for respondents to maintain the time period
for which market is to be held, i.e. 4 PM to 10 PM, as has been
mentioned in the decision dated 28th October 2020, permitting the weekly
Bazar/market on Monday.
7. In such an eventuality, merely because there are certain issues and
such issues could have been well addressed by respondents that by itself
will not give authority to respondents in discontinuing the weekly
market.
8. That being so, we pass the following order in the matter:
i. Let a weekly market, as was earlier held at BH Block,
Shalimar Bagh, Delhi, be continued on Monday between 4
PM to 10 PM with the capacity of 300 vendors who hold a
Certificate of Vending.
ii. Needless to clarify that in case if such vendors are
conducting themselves in contravention to the terms of the
CoV, it shall be open for respondents to take appropriate
action.
iii. Similarly, action can be taken against the vendors who are
not permitted to vend at such place and in case if the number
of vendors increases to 300, it is for respondents to regulate
the number of vendors in the said area.
iv. Such vendors who encroached on public roadways or
common areas, or have erected unauthorised structures such
as permanent sheds, can be dealt with in accordance with law
by the respondents.
9. By reserving the aforesaid right and authority in favour of
respondents, we deem it appropriate to dispose of the present petition
with further direction to permit the authorised vendors to continue
holding weekly market at BH Block, Shalimar Bagh, Delhi.
10. In case if respondents had any intention to shift the weekly market
or to close it down, needless to clarify that they must take recourse to the
appropriate provisions of law, in such an eventuality.
11. The petition stands disposed of in the above terms.
12. Pending applications, if any, stand disposed of.
13. Needless to clarify that violation of the terms of the CoV in the
matter of conducting weekly market on the part of the vendors will
definitely attract a criminal action in accordance with the powers vested
in that regard.
14. A copy of this judgment be uploaded on the website of this Court
forthwith.
NITIN WASUDEO SAMBRE
(JUDGE)
ANISH DAYAL
(JUDGE)
AUGUST 7, 2025/ab/bp
