DELHI HC UPHOLDS RELOCATION OF STREET VENDORS, SAYS RESIDENTS' RIGHT TO PEACEFUL LIVING MUST ALSO BE PROTECTED:

The Delhi High Court has upheld the relocation of the Monday weekly market from Shalimar Bagh to Kela Godown Road, holding that the right of residents to peaceful living, unhindered access to their homes, smooth traffic movement, and emergency vehicle access cannot be compromised while permitting weekly street markets to operate. Seeking to strike a balance between the livelihood rights of authorised street vendors and the rights of local residents, the Court approved the Municipal Corporation of Delhi's (MCD) proposal to shift the market and directed that only verified authorised vendors be permitted to operate at the new location under a regulated vending framework.

The decision came in a writ petition filed by Residents Welfare Associations (RWAs) representing various blocks of Shalimar Bagh, who sought the removal and relocation of the Monday weekly market functioning at Guru Gobind Singh Marg. The petitioners alleged that although only 300 vendors had been authorised, the market had become inundated with unauthorised vendors, resulting in severe traffic congestion, obstruction of roads and footpaths, blocked access to residential premises, indiscriminate garbage dumping, illegal electricity connections, and significant difficulties for emergency vehicles entering the locality. Advocate Raghav Sharma appeared for the petitioners, Senior Advocate Sumeet Pushkarna represented the MCD, and Advocate Rajat Wadhwa appeared on behalf of the authorised vendors.

Earlier in the proceedings, the High Court had directed the Assistant Commissioner of MCD, Shalimar Bagh, to hear all stakeholders, conduct an inspection, and submit a status report examining congestion, compliance with existing conditions, and whether the number of vendors required regulation. Pursuant to these directions, the MCD reported that vendors had substantially exceeded the permissible 6x4-foot vending area by erecting larger metal-frame structures, effectively transforming a temporary weekly market into a semi-permanent encroachment on public roads.

A Bench comprising Justice Prathiba M. Singh and Justice Vikas Mahajan clarified that it was not reviewing an earlier order of a coordinate Bench that had permitted the weekly market with 300 authorised vendors. Instead, the Court was examining the persistent violations of the conditions governing the market's operation. It observed that the presence of unauthorised vendors, who far outnumbered the authorised vendors, had rendered the authorities incapable of effectively regulating the market despite being empowered to do so. The Court noted that residents continued to face substantial hardship, while the movement of emergency vehicles, school buses, and essential public services had been seriously affected. It held that such fundamental civic concerns could not be overlooked merely to facilitate the continued functioning of the market at its existing location.

The Bench further found that photographs placed on record and the MCD's inspection report clearly established the extent of congestion and encroachment in the area. It observed that residents could not be expected to endure such persistent inconvenience and that the operation of a weekly market must remain consistent with the MCD's policy governing weekly bazaars, which prohibits obstruction of roads, interference with access to residential premises, and excessive traffic congestion. The Court also referred to the GNCTD Street Vendors Scheme, 2019, which permits relocation of vendors where public-space management or congestion so requires.

Taking note of the MCD's proposal, the Court accepted Kela Godown Road as the new location for the weekly market. It recorded that the proposed site was larger, situated within the same locality, capable of accommodating all 300 authorised vendors within the prescribed 6x4-foot vending spaces, and had been accepted by both local residents and the petitioners following consultations.

Accordingly, the Court directed the Assistant Commissioner, MCD, to prepare within one week a verified list of the 300 authorised vendors along with their Certificates of Vending and vendor categories. Only those vendors whose identities were verified through Aadhaar, bank account details, or other valid identification documents would be permitted to vend at the relocated site. The Court further mandated that verified Certificates of Vending be displayed at individual vending spaces, vendors strictly adhere to the prescribed vending dimensions, and any violation result in immediate removal and initiation of cancellation proceedings. It also required each authorised vendor to deposit ₹1,000 with the MCD for every Monday market, subject to future modification by the Town Vending Committee, while ensuring that the site layout maintained sufficient carriageway space to prevent congestion. Periodic monitoring by the local Station House Officer was also directed.

The High Court ordered that the relocated weekly market at Kela Godown Road would commence operations from August 3, 2026, while directing that no weekly market be held at the existing BH Block site in Shalimar Bagh. It cautioned that strict compliance with its directions was mandatory and that any breach would invite appropriate legal action.