Full Text
HIGH COURT OF DELHI
Date of Decision: 23rd July, 2026
RESIDENTS WELFARE ASSOCIATION & ORS. .....Petitioners
Through: Mr. Raghav Sharma, Adv.
Through: Mr. Sumeet Pushkarna, Sr. Adv. with Ms. Puja S. Kalra, Standing Counsel with Mr. Virendra Singh, Mr. Ravinder Singh Rathi, AC (MCD) with Mr. Lalit Singh, AO (MCD), Mr. Manoj Kumar, LI (MCD) and Mr. Varun Sharma, JLO (MCD).
Mr. Rajat Wadhwa, Mr. Aberr Shandilya, Mr. Anshika Juneja and
Mr. Rajat Shukla, Advs.
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode. Factual Background
2. This is a petition under Article 226 of the Constitution of India, pertaining to the “Weekly Monday Market” (hereinafter “subject weekly market”) held at the Guru Gobind Singh Marg, Shalimar Bagh, Delhi-110088 (hereinafter “subject area”).
3. The petition has been filed by the Residents Welfare Associations of various blocks in Shalimar Bagh area including Block B, BC, B/FH, seeking removal of the subject weekly market and relocation of the same. The grievance of the Petitioners, inter alia, is that there are several unauthorised vendors operating in the subject weekly market which has severely affected both pedestrian and vehicular movement in and around the area. The Petitioners have stated several instances where this restriction has resulted in loss of lives of the residents of the area due to inability of emergency services to reach on time. As an illustration, certain photographs have also been placed on record by the Petitioners. The same are extracted below:
4. This matter was considered on 16th February, 2026, on which date the Court had noted, on the basis of the photographs placed on record that due to the subject weekly market there is enormous congestion in the area.
5. Further, this Court had also taken notice of the fact that in W.P.(C) 6487/2025 titled Surender Kumar Sharma & Ors v. Municipal Corporation of Delhi & Anr., in respect of the subject area the Coordinate Bench of this Court, vide order dated 7th August, 2025, while considering a petition preferred by 289 vendors of the subject weekly market, had directed as under:
6. The Petitioners have preferred the present petition as despite the directions passed by the Co-ordinate Bench the unauthorized vendors have continued to operate in the subject area and the concerns of the residents remain unaddressed. It is also the stand of the Petitioners that the authorities are not taking any action in terms of the above order.
7. It is seen that in order dated 07th August, 2025 passed in W.P(C) 6487/2025, there were various conditions which were imposed while permitting the subject weekly market to continue. It was clearly observed in the said order as well that only authorised vendors would continue to hold weekly markets at BH-Block, Shalimar Bagh, Delhi and if there is any intention to close down the same, it would be done in accordance with law. Thus, in terms of the said order, the MCD had to consider the terms on which the authorised vendors at the subject weekly market have to operate and then take a decision.
8. Bearing in mind, the directions given in the order dated 7th August, 2025, this Court on 16th February, 2026 had directed the Assistant Commissioner, Municipal Corporation of Delhi (hereinafter “MCD”), for Shalimar Bagh, Delhi to hear the Residents Welfare Associations as also the concerned vendors, in the following terms:
9. Subsequent to the above directions, meetings were held with the concerned parties and a status report/affidavit dated 2nd April, 2026 has been filed by the Deputy Commissioner, Keshav Puram Zone, MCD.
10. As per the said affidavit, on 23rd March, 2026, the Assistant Commissioner conducted a joint inspection along with the officials from the Licensing and DEMS Department. Several deviations were observed from the MCD Weekly Market Policy such as – the vendors had expanded their stalls beyond the 6x[4] ft. permissible limit by using 10 ft. high metal frames; the temporary bazar was being converted into a semi-permanent bazar; there was substantial use of plastic in the said bazar as noticed during the inspection.
11. It is also stated that the respective Resident Welfare Associations of various blocks including BC, BD and BFH shared harrowing accounts of their daily lives and the manner in which it was impacted due to the subject weekly market. The said affidavit reveals extremely difficult living conditions for the residents of the said blocks which is captured below:
6. That simultaneously, we heard the representatives of the Saptahik Patri Bazar Association. They emphasized their dependence on this specific site for their daily bread. However, they were unable to provide a satisfactory explanation for why many vendors set up as early as 8:00 AM for a market that is only authorized to begin at 4:00 PM.
7. That it is respectfully submitted that the applicable weekly market policy clearly stipulates that weekly bazaar are permitted to operate only on designated day when the local shops and establishments are closed and within vending zones. The intent of the policy is to regulate street vending in an orderly manner, ensuring a balance between livelihood rights of vendors and larger public interest, including traffic management, safety and planned urban development.
8. That in the present case vendors are operating from a purely residential area, which is de hors the policy and contrary to its express provisions. It is further submitted that merely because this activity has been continuing for a considerable period does not confer any legal right or legitimacy upon the vendors to continue operating in violation of policy. As observed from the inspection carried out, it has been observed that there has been substantial increase in population density, and vehicular movement in the area. The continued operation of a weekly bazaar in a residential locality is resulting in severe congestion of traffic, obstruction of access roads, impediment to emergency vehicles, causing significant inconvenience to residents.
9. That influx of large unregulated crowds, including outsiders, into narrow residential lanes significantly compromise the sense of security that such localities are expected to provide, especially to women and girls.”
12. Considering the above position, which demonstrated that the daily lives of residents of the subject area was severely impacted, the MCD suggested the following as the future action plan:
13. Along with the said counter affidavit, certain photographs have also been placed on record which shows that the entire area is completely inundated with street vendors on Mondays. The said photographs are also extracted below: Submissions of the parties
14. Today, the Court has heard, Mr. Raghav Sharma, ld. Counsel appearing for the Petitioners, Mr. Rajat Wadhwa, ld. Counsel appearing for the authorised vendors who put up the subject weekly market and Mr. Sumeet Pushkarna, ld. Senior Counsel along with Ms. Kalra, ld. Counsel for the MCD.
15. Ld. Counsel for the Petitioners has relied on the additional affidavit dated 2nd April, 2026 filed on behalf of Petitioner No. 1 to submit that the number of vendors authorised to vend at the subject weekly market is 300 only, however, there are more than 800 to 1200 vendors operating in the subject weekly market. He further submits that the market timing is 4 pm to 10 pm, however, the laying of the infrastructure for the subject weekly market including iron bars, grills, wooden platforms etc., commences on the previous Sunday night itself, leading to loading and unloading noise of trucks, and disturbances which go on till Tuesday morning.
16. It is submitted that in the order dated 7th 6487/2025, it was clearly directed that there would be no road blockage and access to premises would not be effected, however, there is complete blockage of the Guru Gobind Singh Marg and the vendors encroach upon the carriage way, footpath, parks, entrances to residential houses and also block gates. He submits that the condition for limiting the structures to 6x[4] ft. is also not being adhered to as there are permanent iron and wooden benches as also shade structures which are erected. It is also submitted that about 1000 to 1200 benches/stalls are provided by the contractor, that are substantially covered that exceeds the limit of 300 stalls. Cooking is not permitted as per the policy, however, extensive cooking is present in the subject weekly market. It is submitted that traffic congestion, use of plastic, throwing of garbage in public places, collection of fee by middlemen and contractors is also not abating.
17. It is his submission that none of the norms are being followed especially since there are several vendors who come from outside Delhi creating safety and security threat to the local residents. It is submitted that no Certificate of Vending verification system or identification system has been put in place by the MCD. Further, electricity is being drawn from the poles in an illegal and unlawful manner which would also prove to be hazardous. It is submitted that the vehicular congestion created by the subject weekly market prevents access to emergency vehicles such as ambulances and fire services. Lastly, he submits that police and the authorities are unable to control this entire streaming of vendors, customers, etc., thereby causing substantial inconvenience to the residents.
18. On the other hand, Mr. Wadhwa, ld. Counsel has vehemently urged that after the previous order dated 7th August, 2025 which has already been passed by the Coordinate Bench of this Court the present petition is in effect a review of the said order, which is impermissible. Only the 300 authorised vendors ought to be permitted by the authorities at the subject weekly market and the MCD is free to take action against any unauthorized vendor as also those who are in violation of any of the conditions imposed.
19. It is his further submission that the MCD, if it decides to close down the subject weekly market, has to do so strictly in accordance with Section 18 of the Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act, 2014.
20. Mr. Sumeet Pushkarna, ld. Senior Counsel appearing for the MCD has relied upon the previous affidavit dated 23rd March, 2026 and has also handed over a short written submissions. In terms of the said written submissions, the MCD is stated to have identified a large area at Kela Godown road for relocation of the subject Monday weekly market and the submission of the MCD in this regard is as under:
21. The images of the said proposed location have also been handed over along with the sketch of the proposed location. According to the MCD, 300 vendors can be allotted 6x[4] spaces easily in this area for the subject weekly market and the vendors ought to be allowed to shift there.
22. It is also informed that the consultation with the local residents in the proposed location has already been conducted and they have no objection to the subject weekly market being shifted to the proposed location by the MCD. The relevant photographs of the proposed site are as under:
23. The residents who are the Petitioners in the present petition also do not have any objection to the proposed location. Analysis and Findings
24. At the outset, this Court wishes to note that the Court is not sitting in review of the previous order dated 07th 6487/2025. The said order itself had various conditions which had been imposed for the continuation of the weekly market. The said conditions are all captured in the order itself which is extracted above.
25. Pursuant to the said order being passed, the matter has been again agitated by the residents of the subject area in view of the continuing stream of unauthorised vendors who are inundating the entire colony and are more than 300 in number. The authorities are unable to take any action, though, the MCD was permitted to take action and only permit authorized vendors. In such a situation, the Court cannot turn a blind eye.
26. The congestion in the area is writ large in the photographs and the images extracted above. No resident should be made to undergo so much inconvenience in order to accommodate street vendors that too running a weekly market.
27. There is no doubt from the photographs extracted above that for the erection of the weekly market enormous disturbance is being caused by the vendors who are much more in number than the permitted 300 vendors. The Court also attempted to find a solution by directing meetings between the authorised vendors and the residents in the presence of authorities, wherein clearly from the status report filed by the MCD, it appears that the vendors do not speak in one voice.
28. There may be 300 authorised vendors but the unauthorized vendors are three times more in number. Under such circumstances, the continued harassment of the residents cannot be brushed aside. The movement of emergency vehicles, school buses, fire services vehicles, easy ingress and egress to the colony are basic requirements that cannot be ignored by the Court. The large number of vendors appears to be creating a situation where the MCD and the local police are also unable to stop the same.
29. In terms of the policy of the MCD for running of weekly bazaars, traffic congestion has to be avoided and wherever there is heavy traffic, such bazaars are liable to be removed. The said policy is extracted below: “POLICY RELATING TO WEEKLY BAZAARS; Weekly Bazaars 227 in a number at present are being held in Delhi and engaged in traditional style of retail shopping are quite popular especially among the lower and middle income groups. These bazaars are held at sites like footpaths, side-road, sub-lanes, service markets, commercial centers and on open spaces, specific locations & timing operation of such bazaars will be specified and regulated by the RWAs and other stake holders of Ward/ Zonal Vending Committee. The Following norms will be followed for allowing Weekly Bazaars/Festivals/Melas etc. (i)The bazaars will be held only once a week in an area, which must be the day on which the markets in the area observe a weekly closure under the Shops & Establishments Act.
(ii) No Weekly Bazaars will be held on a day which is not a closed day for the market of the area keeping in view that no road is blocked and access to any of the premises on the road is not affected. Open spaces available, excluding the parks, will be utilized for such bazaars without causing undue inconvenience to the residents of the locality.
(iii) Traffic congestion will be avoided and wherever there is heavy traffic, such bazaars will be removed therefrom and settled in a more spacious area.
(iv) The concept of natural market will be given a due regard like e.g. weekly book bazaar in DaryaGanj, which is providing an opportunity to have avid readers to purchase books at low cost.
(v) Weekly Bazaar site will not be more than 6’X4’ open to sky.
(vi) A fee of Rs.10/ per day per site will be charged from all the weekly bazaars in addition to one time registration fee of Rs.1000/- by the Zonal Licensing Office under the management of Ward/ Zonal Vending Committee and middleman should not be involved in such collection. The fees are subject to change in future.
(vii) Irrespective of the title of land/street/road/area, which may belong to any other land owning agency, the overall control on Weekly Bazaar will be of the MCD except the area under the control of Delhi Cantonment Board & NDMC.
(viii) Different timings will be fixed for Summer &
Winter months but care will be taken to ensure that Weekly Bazaars do not continue in function after 10:00 P.M, such timings will be determined by each Zonal Vending Committee.
(ix) Vendors will not be allowed to sell expensive and electronic items and will not throw garbage etc. on public places. Sale of cut fruits, juice and sugarcane juice will not be permitted. No cooking of any type shall be allowed except packed eatable items under hygienic conditions to be maintained by Health/ Food Adulteration Department officials.
(x) The vendor will sell the wares/goods by sitting on the footpath/platform and by keeping steel/ wooden table or plank.
(xi) Transfer/ mutation of such sites will be controlled by the norms applicable for regular squatters/ vendors.”
30. Mr. Wadhwa, ld. Counsel for the vendors points out that a similar scheme has also been launched in 2019 by the GNCTD i.e., GNCTD Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Scheme, 2019 in which if there is traffic congestion, the street vendor can be relocated. The relevant portion of the said scheme is also extracted below:
“III. Others (Daily/weekly/festival /fair market/ temporary etc. as may be categorized by Local Body in consultation with TVC) The TVC may also recognize new forms of vendors and markets as appropriate in the area served. (6.1.2) Static Vendors means those who carry out vending from a single place/location throughout the day, without establishing a fixed structure (temporary or permanent) at the place of vending. (6.1.3) Mobile or Peripatetic vendors means those vendors who carry out vending on foot including those who carry baskets on their heads/ slung on their shoulders. Mobile vendors also include vendors who move from place to place vending their goods or services on pushcarts, bicycle or mobile units on motorized wheels. (6.1.4) Weekly Bazaar Vendors means vendors who participate in weekly bazaars and sell their goods/ services in weekly Bazaars. (6.1.5) Temporary Vendors means vendors who in normal course do not perform street vending, but on special occasions and seasons, such as festivals or fairs, vend their wares as street vendors for a short period. (6.1.6) Night bazaar vendors means vendors who vends in a designated night bazaar during the period notified by the local body in consultation with TVCs. (6.1.7) The Local Body in consultation with the TVCs shall: a. allocate sufficient space for temporary 'Vendor Markets’ e.g. Weekly haats, Rehri markets, night bazaars, festival bazaars, food streets/ street food marts at suitable locations whose use at other times may be different e.g. public parks, exhibition grounds, parking lot, etc. keeping in view demand for services of the vendors; b. Establish vending timing restrictions in accordance with the need to ensure non-congestion of public spaces/ maintaining public hygiene c. Ration hawking space to be resorted if street vendors numbers exceed the space available, with priority must be given to vendors based on length of time vending in the current location as defined in Section 3.3.3. d. Ensure ample parking area for expected vehicular traffic and for mobile vendors to store vehicles and wares at night on payment of prescribed fee. (6.1.8) No vendor shall be entitled for registration/ issuance of COV for more than one category of vending.”
31. Under these circumstances, in order to balance the rights of the residents on the one hand for a peaceful living and the rights of authorised street vendors to vend their wares in a manner so as to not cause any inconvenience to the residents, this Court accepts the proposed site suggested by the MCD, for relocation of authorised 300 vendors for the Monday weekly market on the following terms and conditions: i. The Assistant Commissioner of the MCD, Shalimar Bagh, Delhi shall draw up the list of 300 authorised vendors with the numbers of their Certificates of Vending and their respective categories. The said chart shall be prepared within a period of one week and shared with Mr. Wadhwa, ld. Counsel appearing for the authorised vendors. After the details are cross-checked and verified only the said authorised vendors shall be given an identified space in terms of the site plan handed over today to the Court in the proposed location at Kela Godown Road. ii. For immediate identification of these vendors, KYC verification of the 300 authorised vendors shall be carried out using their Aadhar card or bank account details and some identification documents by the MCD. The provisional Certificates of Vending of the said vendors shall be countersigned by the Assistant Commissioner with the remark `Verified’. Copy of the said provisional CoVs shall be exhibited at the respective vends being put up by the 300 authorised vendors at their identified sites. iii. The authorised vendors shall restrict their vending area to 6x[4] ft. as permitted in terms of the MCD Regulations and anyone found extending the same beyond the permissible limits shall be liable to be removed with immediate effect. In respect of such vendors action for cancellation of the provisional CoVs shall also then be commenced by the MCD. iv. Presently, the Court is informed that only Rs. 15/- is being paid by each vendor for every day of vending – which is obviously too low. Accordingly, each of the authorised 300 vendors shall deposit a sum of Rs. 1,000/- with the MCD, for vending every Monday in the weekly market. The said fee shall be subject to modification by the TVC as and when it is constituted. v. While identifying the respective sites it shall be ensured that there is no traffic congestion on the road and there are at least two lanes available for vehicular movement. Whenever the weekly market is being operated, the SHO of the concerned area shall make periodic visits to ensure that the above conditions are complied with.
32. The weekly market in the proposed location shall commence with effect from 3rd August, 2026. No weekly market shall be held on the coming Monday i.e., 27th July, 2026 in the BH Block of Shalimar Bagh.
33. All stakeholders shall fully comply with the directions given here and any violation shall be liable to be dealt with stringent action.
34. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE JULY 23, 2026/dss/msh