$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10185/2025 MUBIN AHMED .....Petitioner Through: Mr. Sudhir Kumar Ojha, Adv. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Kapil Dutta, Adv. for MCD (9811135509) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 18.07.2025 1. This hearing has been done through hybrid mode. CM APPL. 42282/2025 2. Allowed, subject to just exceptions. 3. The application stands disposed of. W.P.(C) 10185/2025 4. The Petitioner had a tehbazari site No.1861 at the Sarai Kale Khan New Delhi. The same was demolished due to the Regional Rapid Transport Service line (hereinafter ‘RRTS line’) which is a project of public interest. Ld. Counsel for the Petitioner relies upon the directions passed in W.P.(C) 6182/2025 dated 08th May, 2025 wherein under similar circumstances, the Court had directed as under: “9. A perusal of the above would clearly show that the development work is being carried out in the vicinity of the shop itself and in fact, the kiosks of the Petitioners 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 23/07/2025 at 12:37:56 would be coming in the way of the development. 10. The RRTS line is a crucial infrastructure project, which is being undertaken by NCRTC. It is also observed that the tehbazari certificate dated 25th January, 2018 issued to the Petitioners is temporary in nature. The said condition is set out below: “5. That your tehbazari is purely temporary and you have to vacate the site for any Govt. work or in public interest as and when required by MCD/SDMC.” 11. Considering the fact that the tehbazari itself is temporary and the RRTS project is a project in public interest, the Petitioners cannot be seen to argue that they cannot be dispossessed. 12. The Petitioners have already made a representation to the South Delhi Municipal Corporation (‘SDMC’) for alternate location of the vending site. 13. Accordingly, the writ petition is disposed of in the following terms: (i)The Petitioners shall take out their belongings from the existing kiosks at the tehbazari sites by 5:00 PM on Saturday. (ii) Insofar as the prayer for an alternative site for the tehbazari is concerned, the present writ petition shall be considered as a representation on behalf of both the Petitioners and the same shall be considered and decided within two months. The decision shall be communicated by the Petitioners.” 5. The Petitioner, at this stage, prays only for relief in terms of para 13(ii) above. Accordingly, it is directed that the Petitioner’s prayer for alternate site be considered and decided within two months. 6. The present writ petition itself shall be treated as a representation. 7. The writ petition is disposed of. Pending applications, if any, are also 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 23/07/2025 at 12:37:56 disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. JULY 18, 2025 ab/Ar. 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 23/07/2025 at 12:37:56