Delhi HC orders MCD to allow weekly market of authorised street vendors in Shalimar Bagh

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to permit authorised street vendors in Shalimar Bagh to continue running their weekly market, while warning that any violation of vending rules will invite criminal proceedings.

A division bench of Justice Nitin Wasudeo Sambre and Justice Anish Dayal made it clear that the inability to manage unauthorised vendors is no excuse to shut down a market approved by the Town Vending Committee (TVC). “Just because there are 600 vendors, of which 300 are unauthorised, may lead to commotion. In such cases, it is for the authorities to regulate the number of vendors and their timings… mere challenges in management cannot justify discontinuing the weekly market,” the court observed.

The case was triggered by a petition from Certificate of Vending (CoV) holders who contested the MCD’s sudden suspension of the market. The vendors pointed out that the TVC had sanctioned about 300 stalls, but the MCD halted the market citing overcrowding, encroachment on public pathways, erection of unauthorised structures, extended market hours, and disturbance to local residents.

The MCD, in its defence, claimed that the market had grown far beyond permissible limits, with more than twice the approved number of vendors now operating. It also raised concerns about pedestrian safety and traffic flow, pointing to the construction of permanent sheds and other obstructions.

The bench, however, held that these issues should be addressed through proper regulation and enforcement rather than by denying lawful vendors their right to earn a livelihood. It stressed that the MCD has both the authority and the obligation to control vendor entry, ensure markets run within fixed hours, and take strict action against any vendor who breaches the terms of their CoV.

“Authorities have the power to act against unauthorised encroachers or those setting up illegal permanent structures,” the judges said, underscoring that targeted enforcement, not blanket bans, is the way forward.

Accordingly, the court directed that authorised vendors be allowed to operate as per the TVC’s approval. It further cautioned that any vendor exceeding approved limits, erecting illegal structures, or violating permitted hours would face criminal liability.

—Advocate Shivmani Yadav contributed to this report.