Delhi High Court Warns Of Criminal Action Against Unauthorised Street Vendors In City’s Shalimar Bagh Area
The Delhi High Court recently told the Municipal Corporation of Delhi that merely because it is unable to control unauthorised street vendors and prevent encroachment of public pathways is not grounds to discontinue the weekly market approved by the Town Vending Committee (TVC).
A division bench of Justices Nitin Wasudeo Sambre and Anish Dayal observed,
“Merely because there are 600 vendors of which 300 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…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.”
The bench was dealing with a plea moved by holders of the Certificate of Vending, seeking directions to MCD not to restrain them from holding the weekly market in the city’s Shalimar Bagh area. TVC had approved around 300 vendors for the same.
MCD submitted that it discontinued vending activity due to uncontrolled increase in the number of vendors beyond sanction limit, encroachment of public roadways and common areas, affecting pedestrian movements, erection of unauthorized structures, extended market hours beyond the permissible time, disturbing local residence, etc.
The Court however was of the view that if there is an increase in the number of vendors, it is for the MCD to regulate the entry of vendors. It further observed,
“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.”
It thus ordered MCD to permit the authorised vendors to continue holding weekly market.
It also clarified that violation of the terms of the CoV by the vendors will attract criminal action.
Appearance: Mr. Rajat Wadhwa, Mr. Gurpreet Singh, Mr. Manish Kumar, Mr. Honey Jain & Mr. Sahi kakkar, advocates for petitioner; Mr. Anubhav Gupta, Panel Counsel for Gnctd. MS. Puja S. Kalra, Standing CONSEL With MR. Virendra Singh, Advocate for MCD & Mr. Sharad Yadav, AO, KPZ, MCD. MS. Sangita Malhotra, Senior Panel Counsel With MR. VK Gupta & Mr. Rajat Kapoor, Advocates for Respondent No.2/SHO, Shakarpur.
Case title: Surender Kumar Sharma And Ors v. Municipal Corporation Of Delhi & Anr.
Case no.: W.P.(C) 6487/2025