SURENDER KUMAR SHARMA AND ORS vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07th August, 2025 + W.P.(C) 6487/2025 & CM APPL. 29561/2025, CM APPL. 43032/2025 SURENDER KUMAR SHARMA AND ORS .....Petitioners Through: Mr. Rajat Wadhwa, Mr. Gurpreet Singh, Mr. Manish Kumar, Mr. Honey Jain & Mr. Sahi Kakkar, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ANR. ....Respondents Through: Mr. Anubhav Gupta, Panel Counsel for GNCTD. Ms. Puja S. Kalra, Standing Counsel with Mr. Virendra Singh, Advocate for MCD & Mr. Sharad Yadav, AO, KPZ, MCD. Ms. Sangita Malhotra, Senior Panel Counsel with Mr. V.K. Gupta & Mr. Rajat Kapoor, Advocates for Respondent no.2/SHO, Shakarpur. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE ANISH DAYAL Signature Not Verified Signed By:ROSY MUNJAL W.P.(C) 6487/2025 Page 1 of 6 Signing Date:11.08.2025 13:44:15 JUDGMENT (ORAL) NITIN WASUDEO SAMBRE, J. 1. Petitioners who are the holders of the Certificate of Vending (‘CoV’) have approached this Court seeking directions to respondents not to restrain them from holding the weekly market on every Monday at BH Block, Shalimar Bagh, Delhi. 2. Pursuant to notice issued by this Court, respondents have filed a short affidavit, wherein they have claimed that the weekly market can be conducted, by offering an alternate site. Relevant statement on the part of the respondents in paragraph 12, which is extracted as under: “12. That the RWA also requested that the said Monday weekly market may kindly be shifted to a nearby road (Kela Godown Road) which is about 1 km from the present location and where the density of population and vehicles are much less as compare to the current location of Monday weekly market, however the same was rejected by the Market Association.” 3. It is borne out from the record that the