$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6258/2025, CM APPLs. 28567/2025 & 28568/2025 NEELAM KUMARI .....Petitioner Through: Mr. Shekhar Prit Jha Advocate with Ms. Preeti Kumari Advocate versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Ms. Beenashaw N Soni, SC, MCD with Ms. Ann Joseph for R-1 and 3 Mr. Raghvendra Upadhyay, PC, GNCTD with Ms. Purnima Jain, Advocate for R-2/PWD CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 13.05.2025 1. This hearing has been done through hybrid mode. CM APPL. 28568/2025 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 6258/2025 and CM APPL. 28567/2025 3. The present petition has been filed on behalf of the Petitioner-Neelam Kumari under Article 226 of the Constitution of India inter alia seeking a direction to the Respondents-Municipal Corporation of Delhi (‘MCD’) and Public Welfare Department (‘PWD’) to allow the Petitioner to vend at the site allotted, i.e., opposite F-259, Vikas Puri, Near MTNL Box, Site No. 15437 (hereinafter, the ‘tehbazari site’). 4. According to the Petitioner, she has been allotted the tehbazari site for running a PCO booth for handicapped people vide license certificate issued 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 22:31:38 on 21st July, 2010. The same is allotted to the Petitioner under the category of physically handicapped persons and is stated to be valid up to 31st March, 2026. 5. The case of the Petitioner is that vide an unsigned public notice issued by the office of the executing engineer PWD West Road-1, New Delhi, it has been directed that street vendors, slum dwellers, etc. of Vikaspuri, New Delhi have encroached upon the government land and the same need to be removed. The said notice is extracted hereunder: “ NOTICE Road from Oxford School to Airport Apartments Vikaspuri New Delhi all the residents/shopkeepers, slum dwellers and street vendors are informed through this notice that you have encroached upon the government land of the public works department such as (rain water, drain, footpath and road) and on the roadside by keeping goods, parking vehicles, making concrete heaps and erecting walls by laying slabs, constructing shops and footpath in a permanent/temporary manner and have blocked the road. The Public Works Department will launch an encroachment removal campaign on 06.05.2025 (Tuesday). So, remove your encroachment and goods yourself within 07 days, otherwise the Public Work Department will remove such encroachment found during the encroachment removal campaign and confiscate the seized goods. For which he himself will be responsible.” 6. Thus apprehension of the Petitioner is that the Petitioner may be dispossessed from the PCO Booth. 7. The Counsel appearing for the Respondents has accepted the advance notice. 8. Insofar as the PWD is concerned, it is submitted that the encroachment 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 22:31:38 removal campaign has been postponed to 27th May, 2025. The purpose of the impugned public notice is stated to be to prevent water logging in the said area and for cleaning up drains, footpaths, roads etc. 9. If the purpose of the impugned notice is to prevent water logging it is expected that all the tehbazari holders or any other tehbazari licencees who may be running small shops, mobile vending units, PCO Booths etc. shall co- operate with the PWD in the cleaning campaign. 10. Further, if any of the persons have a valid tehbazari certificate, such persons shall not be prevented from vending their wares in accordance with the terms of their licence. 11. The petition is disposed of in these terms. Pending application(s), if any, is also disposed of. 12. Dasti. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MAY 13, 2025/SV/rks 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 22:31:38