Residents’ Peaceful Living Cannot Be Ignored While Allowing Weekly Markets: Delhi High Court Affirms Relocation Of Street Vendors

The High Court accordingly allowed relocation of authorised street vendors from the existing weekly market site in Shalimar Bagh to the proposed site at Kela Godown Road, while directing MCD to verify the 300 authorised vendors and regulate the market through fixed vending spaces, vending-area limits and police monitoring.

The Court was hearing a writ petition filed by Residents Welfare Associations of various blocks in Shalimar Bagh seeking removal and relocation of the Monday weekly market operating in the area, alleging that unauthorised vendors had severely affected pedestrian and vehicular movement and blocked access to residential premises.

A Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan, while balancing residents’ right to peaceful living with the livelihood rights of authorised vendors, observed:

“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.”

Advocate Raghav Sharma appeared for the petitioners, while Senior Advocate Sumeet Pushkarna appeared for the Municipal Corporation of Delhi. Advocate Rajat Wadhwa appeared for the authorised vendors.

Background

The dispute concerned the Monday weekly market at Guru Gobind Singh Marg, Shalimar Bagh. The residents alleged that, though only 300 authorised vendors were permitted, a much larger number of unauthorised vendors were operating from the site.

The residents placed material before the Court to show traffic congestion, encroachment on carriageways and footpaths, obstruction to house entrances and gates, use of plastic, cooking, garbage dumping, illegal electricity drawal and inability of emergency vehicles to enter the colony.

The Court had earlier directed the Assistant Commissioner, MCD, Shalimar Bagh to hear both residents and vendors, conduct an inspection and file a status report on congestion, continuation of the weekly market and whether the number of vendors needed to be reduced.

Pursuant to the Court’s direction, MCD filed a status report stating that vendors had expanded stalls beyond the 6x4 ft permissible limit, used 10-foot metal frames, converted a temporary bazaar into a semi-permanent obstacle and encroached on the roadway.

Court’s Observations

At the outset, the Court clarified that it was not sitting in review of an earlier order by a Coordinate Bench which had permitted the weekly market to continue with 300 authorised vendors. The issue before it was the continuing violation of the conditions imposed in that order.

The Court noted: “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.”

The Court found from photographs and MCD’s report that congestion in the area was evident. It observed that residents could not be subjected to such inconvenience merely to accommodate a weekly market.

The Bench stated: “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.”

The Court also recorded that vendors were far more than the permitted number, and that meetings between residents, authorised vendors and authorities had not produced a workable solution.

The Court referred to MCD’s policy on weekly bazaars, under which no road should be blocked, access to premises should not be affected and heavy traffic congestion must be avoided.

The Court noted that weekly bazaars are to be held once a week in areas where local markets observe weekly closure, and that such bazaars cannot function in a manner causing undue inconvenience to residents.

It also considered the GNCTD Street Vendors Scheme, 2019, under which relocation is contemplated where congestion or public-space management requires it.

MCD informed the Court that it had identified Kela Godown Road as a proposed relocation site. The site was stated to be larger than the existing location, within the same locality, capable of accommodating 300 authorised vendors in 6x4 ft spaces and suitable for more organised vending without encroaching on carriageways or footpaths.

The Court recorded that consultation with local residents at the proposed location had already been conducted and they had no objection. The petitioning residents also did not object to the proposed relocation.

Accepting the proposal, the Court held: “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.”

The Court directed the Assistant Commissioner, MCD, Shalimar Bagh to prepare a list of 300 authorised vendors with their Certificates of Vending and categories within one week. Only verified authorised vendors would be given identified spaces at Kela Godown Road.

The Court also directed KYC verification through Aadhaar card, bank account details or identification documents. Provisional Certificates of Vending were to be countersigned with a “Verified” remark and exhibited at the respective vending spaces.

The authorised vendors were directed to restrict vending to 6x4 ft. Any vendor exceeding the permissible area would be liable to immediate removal, and MCD would initiate cancellation of the provisional Certificate of Vending.

The Court further directed each authorised vendor to deposit ₹1,000 with MCD for vending every Monday, subject to modification by the Town Vending Committee when constituted.

The Court also directed that the site arrangement must ensure no traffic congestion and at least two lanes for vehicular movement. The concerned SHO was directed to make periodic visits whenever the weekly market operates.

Conclusion

The High Court directed that the weekly market at the proposed Kela Godown Road location would commence from August 3, 2026. It also directed that no weekly market would be held on July 27, 2026, in BH Block, Shalimar Bagh.

The Court warned that all stakeholders must comply with the directions and that any violation would invite stringent action.

Cause Title: Residents Welfare Association & Others v. Municipal Corporation of Delhi & Another (Neutral Citation: 2026:DHC:5973-DB)

Appearances

Petitioners: Advocate Raghav Sharma

Respondents: Senior Advocate Sumeet Pushkarna with Standing Counsel Puja S. Kalra, Advocates Rajat Wadhwa, Aberr Shandilya, Anshika Juneja and Rajat Shukla

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