Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 14575 (DEL)

MANOJ KUMAR KAUL & ORS. v. NEW DELHI MUNICIPAL COUNCIL & ANR.

W.P.(C)/8141/2026 · 2026-08-11

Prathiba M Singh, Vikas Mahajan

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C) 8141/2026 $~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11th August, 2026 Uploaded on: 13th August, 2026 # CNR No. DLHC010260582026 + W.P.(C) 8141/2026, CM APPL. 38754/2026 & CM APPL. 38755/2026 MANOJ KUMAR KAUL & ORS. .....Petitioners Through: Mr. Rajinder Wali and Ms. Vandana C. Wali, Advs. versus NEW DELHI MUNICIPAL COUNCIL & ANR. .....Respondents Through: Mr. Sriharsha Peechara Standing Counsel for NDMC with Mr. Soumit Ganguli, Ms. Ravicha Sharma and Mr. Akash Sharma, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. These are 10 Petitioners, who have filed the present petition, claim to be the tehbazari license holder and Thareja Committee license holders operating their respective vends in Kashmiri Migrant Market, New Delhi House Lane, Barakhamba Road, New Delhi. Their prayer, inter alia, is for setting aside notices dated 20th May, 2026 wherein certain information was sought by the NDMC related to the vending/occupation of the Petitioners. 3. The Petitioners are relying on various old challans which they have filed on record to state that they are valid tehbazari license holders. Digitally Signed By:RAHUL Signing Date:13.08.2026 17:22:28 Signature Not Verified W.P.(C) 8141/2026 4. On the last date i.e., 12th June, 2026, the ld. Counsel for NDMC had informed the Court that the Petitioners have filed their representations on 20th May, 2026 which are under consideration and shall be disposed of within a period of four weeks. Accordingly, the Court directed that no coercive action be taken against the Petitioners till the representations are decided. 5. Pursuant to the last order, the NDMC has filed a status report. It is stated that the disposal of the representation has been delayed due to the fact that the TVC, which is the competent authority, has not yet been constituted. 6. The status report of the NDMC also states that the survey of old tehbazari license holder is to be undertaken as per the applicable scheme. The minutes of the meeting dated 30th June, 2026 are attached with the status report. The relevant portion of the status report reads as under:- “2. As per directions of the Hon’ble court to dispose of the representation filed by Kashmiri Migrant Association within 4 weeks. However, the matter got delayed as the decision in this matter was to be taken by TVC being competent authority. 3. It is respectfully submitted that, a meeting of the Town Vending Committee (“TVC”) was convened on 30.06.2026 to deliberate upon various issues concerning regulation of street vending activities within the NDMC area, including issues pertaining to Old Tehbazari license holders, Thareja Committee verified vendors and Kashmiri migrants carrying on street vending activities. 4. It is respectfully submitted that after due deliberations, the TVC resolved that a survey of Old Tehbazari licence holders, Thareja-verified vendors and Kashmiri migrants (who are street vendors in the NDMC area) shall be undertaken in accordance with Digitally Signed By:RAHUL Signing Date:13.08.2026 17:22:28 Signature Not Verified W.P.(C) 8141/2026 the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter, “the 2014 Act”) and the applicable Scheme. A copy of the Minutes of Meeting of the Town Vending Committee dated 30.06.2026 is annexed herewith as ANNEXURE R-1. 5. It is respectfully submitted that the aforesaid exercise is presently under process and final decision is dependent on outcome of survey.” 7. It is a matter of fact that the NDMC had made the final vending plan which was submitted to the GNCTD. However, GNCTD has also directed the NDMC to get the survey of the other tehbazari license holders completed. Pursuant thereto, the NDMC has commenced the survey of all tehbazari license holder and Thareja Committee verified vendors including the Kashmiri migrants. This fact has been recorded in the W.P.(C) 11216/2026 titled Sarojini Nagar Market Thareja Tehbazari Vendors Association (Regd.) & Ors. v. New Delhi Municipal Council & Ors. 8. Since the survey itself is now being undertaken of all the license holders, no further orders are called for in this writ petition. 9. Upon the completion of the survey, the TVC-II shall take a decision on the representations of the Petitioners, in accordance with law, in respect of these license holders as well. 10. If any coercive action is taken against the Petitioners, they are free to approach the Court. 11. Upon the decision of the TVC-II being taken, the Petitioners’ legal remedies are left open. Until then the Petitioners shall not be disturbed. Digitally Signed By:RAHUL Signing Date:13.08.2026 17:22:28 Signature Not Verified W.P.(C) 8141/2026 12. The present petition is disposed of in above terms along with all pending applications, if any. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE AUGUST 11, 2026/MR/msh By:RAHUL Signing Date:13.08.2026 17:22:28