Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 4167 (DEL)

MURTI DEVI AND ORS v. NEW DELHI MUNICIPAL COUNCIL AND ORS

W.P.(C)/629/2025 · 2026-02-09

Madhu Jain, Prathiba M Singh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 629/2025 & CM APPL. 2981/2025, CM APPL. 2982/2025, CM APPL. 7867/2025 MURTI DEVI AND ORS .....Petitioners Through: Mr. Kamlesh Kumar Mishra, Ms. Renu, Ms. Shivani Verma and Ms. Mansi Kashyap, Advs. versus NEW DELHI MUNICIPAL COUNCIL AND ORS. ....Respondents Through: Mr. Mananjay Mishra and Mr. Avanish Kumar, Advs. for NDMC. Mr. Syed Husain Adil Taqvi with Mr. Waseem and Ms. Soumya Saxena, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN O R D E R % 09.02.2026 1. This hearing has been done through hybrid mode. 2. The writ petition is filed under Article 226 of the Constitution of India, for issuance of directions declaring the actions of Respondents to be arbitrary and illegal and to direct the Respondents to allow the Petitioners to vend peacefully from their respective vending spot. 3. The claim of the Petitioners is that they were running clothing booths and stalls in Sarojini Nagar Market. Their grievance is that action was taken by the New Delhi Municipal Corporation (hereinafter, ‘NDMC’) removing the Petitioners from their booths/stalls, which also resulted in destruction of goods and articles. 4. On behalf of the NDMC, their stand is that the Petitioners were only allotted a shoe shining stall like a mochi and they did not have any right to 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 13/02/2026 at 11:16:43 construct any booths or vend clothes or any other goods in these vends. Thus, the alleged action was taken by the NDMC due to these reasons. 5. Ld. Counsel for the NDMC further submits that Petitioners are permitted to run their shoe shining stall without any restrictions, however, they cannot be permitted to build structures and vend other articles, including clothing items from their vends. 6. Some photographs have also been placed on record by the Petitioners along with their petition, depicting the condition of their vends and the booths/structures that they created. 7. A perusal of the photographs clearly shows that the Petitioners had built structures at their vending spot, which, in the opinion of this Court, have been rightly removed. 8. Thus, considering the submission made on behalf of NDMC, it is directed that the Petitioners shall not be disturbed from vending from their respective spots, so long as they adhere to the original terms of allotment and restrict themselves to run only shoe shining stalls, in accordance with law. 9. The petition is disposed of in these terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. MADHU JAIN, J. FEBRUARY 9, 2026 b/ss 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 13/02/2026 at 11:16:43