W.P.(C) 3177/2025 p. 1 $~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3177/2025 ARVIND KUMAR & ORS. .....Petitioners Through: Ms. Aparna Shukla, Advocate. versus MUNICIPAL CORPORATION OF DELHI THROUGH COMMISSIONER & ORS. .....Respondents Through: Ms. Shilpa Ohri, Standing Counsel for MCD with Mr. Pritish Sabharwal, Advocate. Mr. Amit Gupta and Ms. Muskan Nagpal, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 27.05.2025 1. This hearing has been done through hybrid mode. CM APPL. 28562/2025 (for delay in filing) 2. This is an application seeking condonation of delay in filing the review petition. 3. For the reasons stated in the application, a delay of 10 days in filing the review petition is condoned. Application is disposed of. CM APPL. 28563/2025 (for exemption) 4. Allowed, subject to all just exceptions. Application is disposed of. REVIEW PET. 297/2025 & CM APPL. 28564/2025 (for interim stay) 5. This is a review petition filed by Mr. Yusuf Khan under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908 seeking a review of the order dated 19th March 2025 passed by this Court in W.P. (C) 3177/2025. 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 01/07/2025 at 20:24:17 W.P.(C) 3177/2025 p. 2 6. The Applicant i.e. Mr. Yusuf Khan claims to be the President of the Residents Welfare Society (Regd.), i.e., Hazrat Nizamuddin Village, RWA, Ward No. 55-S, Basti Hazrat Nizamuddin, New Delhi. It is his case that the order dated 19th Mach, 2025 passed at the instance of street vendors, who are running the Monday bazar at the Alvi Chowk, Basti Hazrat Nizamuddin area was passed without hearing the Applicant, who was a stakeholder in the matter. 7. Initially, the Applicant had made a complaint to the Municipal Corporation of Delhi (hereinafter, ‘MCD’) on 22nd August, 2023, which led to the Deputy Commissioner of MCD issuing a letter stopping the Monday bazar. The said letter was impugned in this writ petition i.e. W.P. (C) 3177/2025 and the MCD took a position that its earlier position was incorrect and that the Monday bazar is valid and is a legally run market. This consequently led to the directions which were passed by this Court. 8. It is the submission of Ms. Aparna Shukla, ld. Counsel appearing for the Applicant that the local Municipal Councillor and other officials are supporting the vendors, who run the Monday bazar and are flouting the order dated 22nd December, 2023 passed by this Court in W.P.(C) 1668/2023 titled ‘Yusuf Khan vs. The Commissioner Municipal Corporation of Delhi & Ors.’. The relevant portion of the said order reads as under: “2. Ms. Tajinder Virdi, learned counsel for Municipal Corporation of Delhi [“MCD”], who appears on advance instructions, stated that MCD has already taken action to stop the operations of the said bazar. She has handed over a letter dated 01.11.2023, addressed by the Deputy Commissioner, MCD to Deputy Commissioner of Police communicating the 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 01/07/2025 at 20:24:17 W.P.(C) 3177/2025 p. 3 decision of MCD that the weekly bazar should not be held at this location, and requesting that necessary directions be given to the Station House Officer [“SHO”]. Ms. Virdi states that MCD will continue to take sustained action, in coordination with the SHO, to ensure that no activities are held in the premises other than those permitted in law. 3. In view of the above, the relief sought in the writ petition has been rendered infructuous. The writ petition has been rendered infructuous. The writ petition and pending applications are disposed of. 4. It is made clear that this order has been passed without prejudice to the rights and contentions of any owners/occupants of the premises.” 9. Ld. Counsel appearing for the MCD submits that the Court has correctly held in the order dated 19th March, 2025 that the Deputy Commissioner has no jurisdiction to issue any communication. It was only the Town Vending Committee (hereinafter, ‘TVC’) that was the duly authorized body. 10. Mr. Amit Gupta, ld. Counsel appearing for the original Petitioners i.e. Street Vendors submits that the Monday bazar has being run for several years and the tehbazari receipts have all been placed on record. 11. The Court has heard the matter. As is being seen repeatedly in several matters, there is a persistent conflict between residents of an area, the tehbazari holders as also shopkeepers. This is yet another matter which reflects the conflicts between the three stakeholders. The order dated 19th March, 2025 was passed in this writ petition i.e. W.P. (C) 3177/2025 at the instance of various tehbazari vendors, who claimed to be authorized street 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 01/07/2025 at 20:24:17 W.P.(C) 3177/2025 p. 4 vendors. In the said matter, after hearing the parties i.e., the vendors as also the MCD, the Court passed the following order : “4. The case of the Petitioners is that they have been selling small household routine items since 1994 at the weekly bazaar being run every Monday in the Alvi Chowk, Basti Hazrat Nizamuddin area. A complaint dated 30th September, 2023 was made by various vendors of the said area who were selling their wares in the weekly bazaar. Such complaint was addressed to all the concerned authorities, including the Municipal Corporation of Delhi (‘MCD’), The Commissioner of Police, The Deputy Commissioner of Police, South East, Sarita Vihar, the concerned SHO as well as the Hon’ble Lieutenant Governor. The complaint stated that certain persons were extorting money from the Petitioners and other vendors in the weekly bazaar. 5. It is apprehended by the Petitioners that in view of this complaint, which was sent by the vendors and as a repercussion of the same, the impugned order was passed by MCD to completely stop the weekly bazaar, at the instance of the local Municipal Councillor and other authorities. 6. As a result of the order passed by the MCD, the Petitioners’ livelihood has been seriously impacted. A letter was sent by the Petitioners to the concerned Municipal Councillor, Ward No. 142, Daryaganj, New Delhi, who has thereafter withdrawn her objection to the operation of the weekly bazaar. 7. In terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter ‘the Act’), the supervision, management and regulation of street vendors is to be done by the Town Vending Committee (‘TVC’), which is constituted under Section 22 of the Act. The impugned order has been issued by the Municipal Corporation of Delhi, Office of the Deputy Commissioner, Central Zone, and not by the TVC of the concerned area. 8. Be that as it may, ld. Counsel for Respondent No. 3, being 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 01/07/2025 at 20:24:17 W.P.(C) 3177/2025 p. 5 the Municipal Councillor for the concerned area, also submits that there is no objection on their behalf upon the operation of the weekly bazaar. Under these circumstances, this Court is of the opinion that the order could not have been passed by the MCD in this manner, without following the procedure prescribed under the Act. 9. The impugned order is accordingly set aside. The weekly bazaar is permitted to be set up by the vendors who are authorized in accordance with law. As per Section 27 of the Act, it shall be the duty of the concerned authorities, including the local police to ensure that no harassment is being caused to the vendors as long as they abide by the terms and conditions of the vending certificates issued upon them. 10. The writ petition is allowed in the above terms and is disposed of along with all pending applications, if any.” 12. The present review petition has been moved by the Applicant i.e.Mr. Yusuf Khan, who was originally not a party to the writ petition i.e. W.P. (C) 3177/2025. It is also conceded by the ld. Counsel for the original Petitioners i.e. Street Vendors that tehbazari vendors were also not a party in the writ petition i.e. W.P.(C) 1668/2023 filed by the Applicant herein. 13. It, therefore, appears that the residents are filing separate writ petitions and the tehbazari holders have filed separate writ petitions, which has led to these orders being passed. 14. Be that as it may, the stand as of today is that all the three stakeholders i.e., the MCD, the tehbazari holders and the residents are represented before this Court. The MCD has taken a clear position that the tehbazari vendors are indeed permitted to vend in the said area on Monday and hold the Monday bazar. 15. The question as to whether any illegalities have been committed by any 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 01/07/2025 at 20:24:17 W.P.(C) 3177/2025 p. 6 of the vendors under the garb of the MCD’s permission etc., would be factual in nature and would have to be resolved by the TVC itself. 16. Accordingly, the only direction that this Court can pass in this matter is to direct three representatives of the residents to approach the local TVC in respect of the difficulties faced by them due to the Monday bazar. The TVC may hear the representation made by the residents and ensure that only licensed vendors are permitted to vend in the Monday bazar in the said area and no miscreants are permitted to misuse the tehbazari license for causing disturbance to the residents of the area. 17. One of the apprehensions expressed by the Applicant is that the road in the said area is very narrow and even emergency services are affected because of the Monday bazar. This issue shall also be considered by the TVC. 18. If either of the parties have any outstanding issues to be resolved including allegations of extortions etc., the concerned SHO/ Deputy Commissioner, MCD shall resolve the same and it shall be his responsibility to also ensure that the Monday bazar is held in an orderly fashion. 19. The concerned SHO is also directed to extend cooperation to the MCD for maintaining proper traffic movement during the Monday bazar. 20. The review petition is disposed of in view of the above directions. Pending applications, if any, also stand disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MAY 27, 2025/nd/ck 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 01/07/2025 at 20:24:17