Double Storey New Rajinder Nagar Resident Welfare Association, & Ors v. The Deputy Commissioner, North Delhi Municipal Corporation,

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st August, 2026 Uploaded on: 24th August, 2026 # CNR No. DLHC010236902020 + W.P.(C) 5931/2020, CM APPL. 21440/2020, CM APPL. 48038/2025 & CM APPL. 45421/2026

DOUBLE STOREY NEW RAJINDER NAGAR RESIDENT WELFARE ASSOCIATION, & ORS.

.....Petitioners

Through: Ms. Pallavi Parmar, Adv.

versus

THE DEPUTY COMMISSIONER, NORTH DELHI MUNICIPAL CORPORATION,

.....Respondent Through: Mr. Siddhant Nath, Standing Counsel with Mr. Amaan Khan, Mr. Bhavishya Makhija, Mr. Chaitanya Popli and Mr. Pushkit Choudhary, Advs. for MCD.

Ms Arunima Dwivedi, CGSC with Ms Monalisha Pradhan and Mr Suman Ghosh, Advs. along with SI Ramesh Chandra Traffic Karol Bagh. Insp. Monika TI, Karol Bagh Circle and ASI Devender Singh Parvi Office, Traffic SI Ramesh Circle Karol Bagh. Ms. Shivani Verma, Ms. Renu, Ms. Akanksha Priya, Advs. for Mr. Kamlesh Kumar Mishra, Adv. for applicant vendors.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUSTICE VIKAS MAHAJAN

Prathiba M. Singh, J. (Oral)

¶1This hearing has been done through hybrid mode.

¶2The present petition has been filed under Article 226 of the Constitution

of India on behalf of the residents of Double Storey New Rajinder Nagar Resident Welfare Association, New Delhi, inter alia, seeking directions to the Respondent to remove the unauthorized vendors in the weekly bazar in New Rajinder Nagar.

¶3After having seen the photographs, etc., vide order dated 24th February, 2026, this Court directed as under: "4. Let the Assistant Commissioner, MCD, meet five representatives of the Petitioners, i.e. the residents and five representatives of the vendors of the weekly market, and attempt to arrive at a solution. If no solution is arrived at, the Court shall pass appropriate directions.

¶5The meeting shall be held on 26th February, 2026 at

11.30 am.

¶6If further meetings are required to be held, the same may be held by the Assistant Commissioner, MCD.

¶7List before the Court for filing of the status report with respect to the meetings, as directed, on 18th May, 2026."

¶4On 20th July, 2026, an application was filed by the Petitioners seeking directions to the Municipal Corporation of Delhi (hereinafter, 'MCD') to file the Feasibility report.

¶5The MCD has now filed a detailed status report along with photographs. The relevant portion of the said status report as also the photographs placed on record by the MCD read as under: "3. That it is submitted that the Hon'ble High Court of Delhi on 24.02.2026 directed to held a meeting with the representatives of petitioners and representatives vendors of weekly market. In

compliance of directions, the meeting was held on

26.02.2026 by office of Assistant Commissioner, Karol Bagh Zone, MCD with the representatives of RWA and weekly market vendors. In the said meeting it was mutually decided that "the weekly market shall continue to function at the present location for the time being and the weekly market association will ensure that vendors will limit themselves in disciplined manner within the earmarked area for each vendors so that inconvenience to the residents are avoided. They assured the same. The assistant Commissioner assured the residents as well as they vendors that the weekly market to the alternate site preferably the DDA Market, as suggested by the RWA representative, shall be examined in-consultation with the concerned departments and stakeholders. The said examination shall include feasibility, availability of space, impact on residents/RWAs, and livelihood considerations of the vendors." Copy of minutes of meeting dated 09.03.2026 is annexed herewith as Annexure-A.

¶4That thereafter, the Hon'ble Court vide order dated

20.07.2026 directed the Respondent/MCD to file the feasibility report with respect to the weekly market. In compliance of the directions of the Hon'ble High Court of Delhi, the Respondent/MCD has inspected the site to examine the viability of shifting the weekly market to alternate site preferably at DDA Market on 07.08.2026. During inspection, it has been noticed that the gate was installed at the site no. 21, Geeta Mandir Marg, New Rajinder Nagar, Delhi which was opposite to the present location of the weekly market. It is further submitted that RWA of Site No. 21 has refused to open the gate and give access to the weekly market vendors. During inspection on 07.08.2026, it has also been noticed that at the alternate site i.e. DDA Market, there were water logging issue at the site and due to which the shifting of the present weekly market to the said

alternate site is not feasible.

¶5That it is further submitted that the site again inspected by the Assistant Commissioner, Karol Bagh Zone, MCD on 10.08.2026. During inspection, the RWA of DDA Shopkeeper Association, E-1 and E-2, Local Shopping Centre, Plot No. 2-4-20, MOR Land, New Rajinder Nagar, Delhi and RWA of Site No. 21, Geetan Mandir Marg, New Rajinder Nagar have also present at the site and both the RWAs were objected the shifting of weekly market from present location to the said alternate site. In this regard, a letter from both the Association: have also been received in the office of Assistant Commissioner, Karol Bagh Zone. Copy of the letters are annexed herewith as Annexure-B.

¶6That it is further submitted that a letter dated

10.08.2026 from Sh. Girish Dhingra, President of Weekly Market Association has also received in the office of Assistant Commissioner, Karol Bagh Zone, MCD by which they also objected the shifting the weekly market to the said alternate site. Copy of the letter dated

10.08.2026 is annexed herewith as Annexure-C." xxxx

¶6A perusal of the above status report would show that the MCD has had interactions with the vendors of the weekly market and the representatives of various RWAs. After having interaction with everyone, it appears that no alternate site could be found for shifting the weekly market. The reasons stated in the status report are self-explanatory.

¶7Under these circumstances, the present writ petition is disposed of with the following directions:

(i) The weekly market shall continue to function at the present location for the time being;

(ii) The vendors of the weekly market shall limit themselves to 6'x4' space and other terms and conditions of vending.

(iii) They shall not cause any congestion in the traffic in the area. The vendors shall extend full co-operation to the residents and also ensure that the place for walking of pedestrians is sufficiently available;

(iv) The MCD shall continue to interact with the RWAs and check if any alternate site for shifting of weekly market would be feasible in the non-rainy period.

(v) The concerned Assistant Commissioner, MCD shall, accordingly, make a periodic review of the weekly market – at least once a month.

(vi) Insofar as the maintenance of discipline is concerned, the SHO of the concerned area shall be responsible to ensure that the vendors of the weekly market shall maintain complete discipline in the area in terms of this order.

(vii) The vendors of the weekly market shall also ensure that the ingress and egress of the residents to their premises is also not obstructed in any manner.

(viii) The vendors shall also maintain proper hygienic conditions and shall not cause any litter or garbage being thrown in the area.

(ix) The residents along with the MCD and the vendors may identify any alternate space for shifting, if feasible in the future.

¶8A copy of this order be communicated to the concerned SHO by Mr. Ritesh Kumar Bahri, ld. APP.

¶9The petition is disposed of in the above terms. The pending applications are also disposed of. PRATHIBA M. SINGH JUDGE

VIKAS MAHAJAN JUDGE AUGUST 21, 2026 aj/Ck