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Date of Decision: 17th July, 2026
DARSHNA MALIK & ORS. .....Petitioners
Through: Mr. Sunil Choudhary, Advocate (M:9899750209)
Through: Mr. Tushar Sannu, SC with Mr. Ritik Anmol, Advocate
JUDGMENT
1. The present petition has been filed alleging wilful and deliberate disobedience of the orders dated 10th November, 2025 and 29th April, 2026, passed by the Division Bench of this Court in W.P.(C) 11238/2021 and W.P.(C) 5860/2026, respectively.
2. The order dated 10th November, 2025 passed by the Division Bench, reads as under:
3. Perusal of the aforesaid order shows that the learned Division Bench recorded the statement on behalf of Deputy Commissioner of Police (Traffic), South District, that they shall consider the issuance of appropriate No Objection Certificate (“NOC”), with regard to allotment of Tehbazari sites to the petitioners herein.
4. Further, learned Division Bench had directed that the question with regard to issuance of Tehbazari license would be kept open.
5. Subsequently, another writ petition came to be filed, being W.P.(C) 5860/2026, titled as Darshna Malik & Ors. Versus Municipal Corporation of Delhi, wherein, the order dated 29th April, 2026 came to be passed, which reads as under: ”
6. Perusal of the aforesaid order clearly shows that the learned Division Bench had recorded that the letter dated 09th March, 2026 had been received by the petitioners, whereby, approval for re-location to alternate site at Vth Avenue Road, Lodhi Colony (Ward No. 145), New Delhi, had been accorded to the petitioners. However, no site had been identified. Thus, for this purpose, the petitioners were directed to visit the office of the Assistant Commissioner, Municipal Corporation of Delhi (“MCD”).
7. Today, learned counsel for the respondent-MCD has handed over to this Court various letters all dated 14th July, 2026, which are taken on record.
8. One of the said letters dated 14th July, 2026, issued in favour of petitioner no. 1, is reproduced as under:
9. Reading of the aforesaid letter makes it apparent that the MCD has reallocated the Tehbazari site to the petitioners at Andrews Ganj Market, New Delhi (Ward No. 145).
10. Thus, the petitioners are at liberty to approach the respondents for the purpose of identifying the exact location, where the petitioners are to be relocated.
11. This Court further notes that there was no specific direction by the learned Division Bench with regard to allotment of any specific site to the petitioners. The earlier orders were passed on the basis of the letters issued by the MCD.
12. Accordingly, when a fresh letter has been issued by the MCD, the petitioners are at liberty to approach the MCD for the purpose of taking over alternate site of Tehbazari, as allotted to them.
13. This Court further notes the submission made by learned counsel for the MCD that re-allocation to a new site has been done, on account of administrative reasons.
14. This Court also notes the grievance of the petitioner that the petitioners had earlier been allotted another site at Vth Avenue Road, Lodhi Colony (Ward No. 145), New Delhi, which is still available, and has illegally been allotted by the MCD to be used for the purpose of hawking.
15. If that be the grievance of the petitioners, the petitioners can seek appropriate legal remedies in this regard.
16. With the aforesaid directions, the present petition is accordingly, disposed of. MINI PUSHKARNA, J JULY 17, 2026