Mr Madan Mohan Kashyap with Mr Yash Vardhan Sharma, Advocates v. MUNICIPAL CORPORATION OF DELHI ANR

CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TUSHAR RAO GEDELA % O R D E R 31.01.2025

1. The petitioner has filed the present petition, inter alia, praying as under: “a. To allow the petitioner to carry on trade at his present squatting site Gali No. 13 ½, M.B.Jewellers, Rani Jhansi Market, Delhi. b. To give possession to the Petitioner of his allotted site no. 57/90, open tehbazari 6'X4' ft, near wall of DMS Road No. 8, Baljeet Nagar, Delhi with immediate effect.”

2. The petitioner states that he is a street vendor and was allotted an open tehbazari site described as Site No.57/90 at Serial No.134/119 near W.P.(C) 10094/2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:09:55 wall of DMS Road No.8, Baljeet Nagar, New Delhi (hereafter DMS Road Site) by the Administrative Officer MCD, Karol Bagh Zone. The petitioner has also filed an allotment letter indicating the said allotment.

3. It is the petitioner’s grievance that he has not been given possession of the said site even though the petitioner has been pursuing the concerned officers since past several years.

4. The petitioner also states that he had filed a writ petition being W.P.(C) 134/87 under Article 32 of the Constitution of India, before the Supreme Court interdicting the respondents from interfering with carrying on his trade at the site described as Standard Juice Bar Rani Jhansi Market, Ajmal Khan Road. The Supreme Court had passed an order dated

13.02.1987 in W.P.(C) 134/87 restraining the respondents from preventing the petitioner from carrying on his business of hawking at the pavement of Ajmal Khan Road, New Delhi. The petitioner also states that the committee constituted by the Supreme Court (Chopra Committee) had found the petitioner eligible for allotment of tehbazari site and had issued an eligibility certificate. Pursuant to the said exercise, the MCD had allotted the site near DMS Road Site by an allotment letter dated 05.09.2001.

5. As noted above, the petitioner is aggrieved as he has not been given possession of the site allotted to him.

6. MCD has furnished a status report indicating that after the tehbazaari site [described as – Wall of DMS Shadi Pur, Site No.57/90 (Category Type - III)] had been allocated, certain objections had been raised by the DMS Authority. Consequently, the site was not handed over to the petitioner. It was further stated that thereafter a survey was carried out on 26.06.2019 and during the survey it was found that 64 tehbazari holders who had been W.P.(C) 10094/2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:09:55 allocated squatting/hawking sites were squatting at Ajmal Khan Road unauthorisedly. The petitioner is also stated to be one of the said street vendors. These street vendors were allocated an alternate site at Sat Nagar, Primary School by Circular dated 26.02.2020. The petitioner’s name features at Serial. No.12 of the said allotment letter (Circular). We consider it apposite to reproduce the following extracts of the said circular: “Subject: Shifting of tehbazari from Ajmal Khan Road (AKR) In view of the ongoing Pedestrianization project in and around Karol Bagh Area a survey was conducted on 26.06.2019 at Ajmal Khan Road from Arya Samaj Road to D.B. Gupta Road. During the Survey, it was observed, inter alia, that 87-Tehbazari holders who were allotted squatting/hawking sites at places other than Ajmal Khan Road, were squatting from Ajmal Khan Road without permission. from public land, In order to ensure free movement for pedestrians and removal of encroachment the below mentioned 64 Tehbazaries including their “present” squatting/hawking site and original allotted site are hereby shifted to the alternate site mentioned against their names with immediate effect. All below mentioned Tehbazari holders are directed to shift their Tehbazari to the alternate site allotted to them within 48 hours. Non compliance of this order shall invite necessary legal action against defaulter. New Site Plan for the alternative site along with stall no. is annexed herewith. Names & Father/Husband/Daughter Name (Sh./Smt.) Raj Kumar S/o Sohan Lal Sl.No./Stall No. 1 *** 12 *** Jagdish S/o Bhairo Ram *** Site No. Allotted Site Presently Squatting Alternative Site DMS Wall Ajmal Khan Road *** Ajmal Khan Road *** Vacant Land of Sat Nagar Primary School *** Vacant Land of Sat Nagar Primary School *** *** DMS Wall *** *** *** *** The above list is provisional and the Tehbazaries mentioned therein W.P.(C) 10094/2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:09:55 are subject to final verification of original allotment letters alongwith site number and other relevant documents such as Aadhar Card of the Original allottee etc at the time of handing over possession. This Authority. issue with the prior approval of the Competent Assistant Commissioner Karol Bagh Zone”

7. It is apparent from the above Circular that alternative sites were allotted to the petitioner and other tehbazari holders. This was on account of the ongoing pedestrianization project in and around Karol Bagh and the necessity to ensure free movement of the pedestrians and removal of encroachment from public land.

8. In the aforesaid context, the street vendors in question were directed to shift their tehbazari to an alternate site within a period of forty-eight hours from the issuance of the Circular.

9. Apparently, the petitioner did not accept the allotment of the alternate site. He submits that the said site is not feasible and MCD has already provided another site (13A Block, WEA, Karol Bagh, New Delhi) to eight similarly placed tehbazari holders. He submits that the petitioner is also entitled to be treated in parity and required to be allotted a site at 13A Block, WEA, Karol Bagh, New Delhi.

10. We are unable to accept that the petitioner can insist for allotment of any particular site. The MCD was required to allocate a suitable site to the tehbazari holders, and, admittedly, an alternative site was allotted to the petitioner. The learned counsel appearing for the MCD also states that the MCD is willing to stand by its offer and the petitioner is at liberty to accept W.P.(C) 10094/2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:09:55 the said allotment. Clearly, the petitioner cannot determine the site to be allocated to him, which would necessarily have to be considered by the MCD keeping in mind the overall capacity of different areas and inconvenience that may be caused to other stake holders.

11. In view of the above, the petitioner’s prayer that MCD be restrained from interfering with the petitioner’s tehbazari activities at Rani Jhansi Market, Delhi cannot be acceded to.

12. Having stated above, we also think it apposite to clarify that this order will not preclude the petitioner to make a representation for being accommodated at the site allocated to other similarly placed tehbazari holders that is, 13A Block, WEA, Karol Bagh, New Delhi. In the event, MCD finds that there are vacant sites available, the petitioner and other similarly placed persons can be accommodated at those sites on a temporary basis – that is till a vending plan is prepared under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 –if the MCD so considers it fit.

13. The petition is disposed of in the aforesaid terms. Pending application shall also stand closed. VIBHU BAKHRU, J TUSHAR RAO GEDELA, J JANUARY 31, 2025/tr Click here to check corrigendum, if any W.P.(C) 10094/2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:09:55