W.P.(C) 13256/2026 $~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010429702026 + W.P.(C) 13256/2026 RAKESH JAIN .....Petitioner Through: Mr. Bharat Aggarwal, Mr. Arjun Pandey and Mr. Kanhiya, Advs. versus NEW DELHI MUNICIPAL COUNCIL & ANR......Respondents Through: Ms. Puja Kalra, Adv. for R-1. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 10.09.2026 1. This hearing has been done through hybrid mode. CM APPL. 61634/2026 & CM APPL. 61635/2026 (for exemption) 2. Allowed, subject to just exceptions. 3. The applications are disposed of. W.P.(C) 13256/2026 4. The present petition has been filed by the petitioner – Shri Rakesh Jain, son of Shri Nemi Chand Jain, praying, inter alia, that he may be permitted to participate in the ongoing survey being conducted by the New Delhi Municipal Council (hereinafter “NDMC”) of Tehbazari license holders, whose names have been verified by the Thareja Committee. 5. The case of the Petitioner is that his name has been jointly verified by the Thareja Committee, along with his brother, as joint owners of the Tehbazari license, and the same appears at Sr. No. 303 in the list of verified 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 14/09/2026 at 17:38:59 W.P.(C) 13256/2026 vendors. The entry at Sr. No. 303 records the names of Shri Rakesh Kumar Jain and Shri N.K. Jain. 6. It is submitted by Mr. Bharat Aggarwal, ld. Counsel for the Petitioner that Shri N.K. Jain i.e., Shri Narendra Kumar Jain, passed away on 11th September, 2024. The Petitioner’s grievance is that the NDMC is not permitting to record the name of the Petitioner in the ongoing survey as a joint Tehbazari license for the site at 134-T-10, L-Block, Connaught Place, New Delhi. 7. The Petitioner has also given a representation dated 2nd September, 2026 in this regard. The photograph of the Petitioner’s vend has also been placed on record and is set out below: 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 14/09/2026 at 17:38:59 W.P.(C) 13256/2026 8. On behalf of the NDMC, it is submitted by ld. Counsel that the IT software system of the NDMC can record only the name of one vendor and not two vendors. 9. Heard. Clearly, the non-recording of both the names of the Petitioner & that of his brother or his legal heirs would cause injustice to the Petitioner in as much as the Petitioner and his brother were historically joint owners of the Tehbazari license. 10. Under such circumstances, the NDMC ought to have ideally made adequate provision in the software for recording of joint names. However, at this stage, since the survey itself is stated to be coming to an end today, in order to balance the rights of the Petitioner and ensure an expeditious conclusion of the survey, it is directed that the name of the Petitioner, be recorded in the records of the NDMC for the time being as part of the survey. 11. However, at the time of issuance of the Certificate of Vending (hereinafter, ‘CoV’), the Town Vending Committee-II shall issue the CoV, subject to all conditions being satisfied, in the joint name of both the Petitioner and his brother’s legal heirs in terms of Section 5 of the Street Vendors Protection of Livelihood and Regulation of Street Vending) Act, 2014. 12. In order to participate in the survey, at this stage, no further ‘No Objection Certificate’ shall be sought from the Petitioner or the legal heir of his brother and the name of Shri. Rakesh Jain shall be recorded by the NDMC in respect of the Tehbazari license, both on his own behalf and on behalf of the legal heirs of his brother. 13. Let the order passed today be communicated to the survey team today 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 14/09/2026 at 17:38:59 W.P.(C) 13256/2026 itself by the ld. Counsel for the NDMC so that the directions herein are complied with. 14. The petition is disposed of in the above terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. SEPTEMBER 10, 2026 aj/msh 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 14/09/2026 at 17:38:59