$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010471212026 + W.P.(C) 14476/2026, CM APPL. 67907/2026 & CM APPL. 67908/2026 SATPAL .....Petitioner Through: Mr. Kirti Uppal, Sr. Advocate with Ms. Kiran Kalra Uppal, Ms. Shaini Bhardwaj, Mr. Vedic Thukral, Mr. Avichal Mishra, Ms. Rukhsar Khan, Mr. Pratham Diwakar, Advocates with Petitioner in Person Mr. Satpal versus NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondents Through: Mr. Sriharsha Peechara, Standing Counsel for NDMC Mr. Aditya Bharat Manubarwala, ASC, Mr. Soumit Ganguli, Ms Ravicha Sharma, Mr. Akash Sharma, Ms Tanishka Grover, Ms. Charvi Virmani and Ms. Shaila Arora, Advocates for NDMC Ms. Vaishali Gupta, Panel Counsel (Civil) GNCTD, Ms. Aanchal Rajput, Advocates for R-3 CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DINESH BHATT O R D E R % 29.09.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking directions to the New Delhi 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 06/10/2026 at 12:06:33 Municipal Council (hereinafter, ‘NDMC’) and the Town Vending Committee (hereinafter, ‘TVC’) to include the Petitioner’name in the survey carried out by the NDMC as also to verify the Petitioner’s claim in respect of Mochi thara being MT-11, near Rivoli Cinema, Connaught Place, New Delhi, measuring 3x3 ft (hereinafter, ‘subject site’). 3. The brief background of Petitioner’s case is that Petitioner's mother – late Smt. Laxmi Devi was allotted the subject site in 1981, by the NDMC for rendering services as a shoe-shiner. 4. However, it is Petitioner’s case that his mother found it extremely difficult to continue with the vocation of shoe-shining, and she approached the concerned officials of the NDMC to change her trade activity from shoe- shining to ready-made garment vending. 5. For the said purpose, Petitioner’s mother is stated to have made several representations dated to 11th May, 1998 and 27th January, 2001. However, no action was taken and she claims to have been given an oral assurance to carry on her vending activities in the vocation of ready-made garments. 6. Thereafter, Petitioner’s mother is stated to have passed away on 20th July, 2019. She was survived by four children, including the Petitioner herein. 7. It is the case of the Petitioner that Petitioner's mother had executed a will dated 12th October, 2015, whereby she bequeathed the rights in respect of the subject site in Petitioner’s favour. Further, she has also issued a No- objection certificate in respect of the subject site, in Petitioner’s favour. 8. Thereafter, the Petitioner has made several representations dated 12th March, 2020, 15th September, 2020, 3rd December, 2024 to the NDMC for transfer of the subject site in her name, as also for change of trade to ready- made garments. However, no action has been taken. 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 06/10/2026 at 12:06:33 9. Further, the Petitioner is also stated to have made a representation dated 18th September, 2026 to NDMC, for his inclusion in the ongoing survey of the old tehbazari holders. However, the same has not been decided. Hence, the present petition. 10. Ld. Senior Counsel appearing for the Petitioner submits that in terms of the circular dated 16th August, 2016, bearing No. D-1043/SO(Estate- I)/2016, when there is change from non-license trade to non-licence trade activities, the same does not require any specific permission. In this regard, reliance is placed upon Clause 4 (iii) of the said circular. The said Clause is extracted below: Clause 4. Change of Trade xxxx xxxx xxxx (iii) For (a) change from ‘licence trade’ to ‘non-licence trade which is not in the negative list’, or (b) change from ‘non-licence trade’ to ‘non-licence trade which is not in the negative list’, or (c) grouping of non-licence trades which are not in the negative list, permission from NDMC will not be required, and an intimation, without any fee/increase in licence fee, to the Director Estate, NDMC shall be sufficient for the same. 11. Ld. 11. Ld. Counsel for the NDMC submits that the survey in the area near the subject site was conducted from 27th July, 2026 to 10th September, 2026, and the said survey has already been completed. However, the Petitioner does not appear to have participated in the said survey. 12. Heard. The photographs which have been placed on record by the Petitioner are extracted 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 06/10/2026 at 12:06:33 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 06/10/2026 at 12:06:33 13. A perusal of the photographs placed on record by the Petitioner would reveal the following: (i) That the Petitioner appears to be running a ready-made garments vend; (ii) That the size of the vend appears to be much larger than the licensed space allotted to the Petitioner, i.e., 3 × 3; 14. There are several challans which have been placed on record, issued in the name of the Petitioner as well as his mother, which would show that Petitioner’s name ought to have been included in the survey. It is unclear as to why the same was not done. The Petitioner ought to have participated in the survey conducted by the NDMC, and there is no clarity as to why he did not participate in the said survey. 15. Under such circumstances, considering that the survey has already been completed and Petitioner has given a representation, it is directed that the NDMC shall consider the representation of the Petitioner dated 18th September, 2026. 16. In the event that all the documents are found to be genuine, Petitioner’s name shall be added in the survey list. 17. For the said purpose, the Petitioner shall appear before the Joint Director on 7th October, 2026 at 2:00 pm. 18. Subject to the above, the Petitioner shall be permitted to vend strictly in accordance to the terms and conditions of the vending, including that the size of the Petitioner’s vend shall not be more than the allotted size i.e., 3’x 3’. 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 06/10/2026 at 12:06:33 19. The petition is disposed of in the above terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. DINESH BHATT, J. SEPTEMBER 29, 2026/rs/sm 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 06/10/2026 at 12:06:33