SH SANJAY GUPTA & ORS. vs MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th April, 2026 Uploaded on: 26th April, 2026 + W.P.(C) 16625/2024 SH SANJAY GUPTA & ORS. .....Petitioners Through: Mr. Sanjay Padam Jain, Adv. versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Ms. Shilpa Ohri Additional Standing Counsel, for MCD. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioners under Articles 226 and 227 of the Constitution of India, inter alia, seeking directions to the Respondents to not dispossess the Petitioners from the designated sites near Keshav Puram, Netaji Subhash Place, behind Max Hospital, Pitampura, New Delhi as also NSPD-Mall Complex, Pitampura, New Delhi. 3. The Petitioners claim to be Tehbazari holders at the designated sites. 4. The stand of the Municipal Corporation of Delhi (hereinafter, ‘MCD’) is that the areas near Keshav Puram, Netaji Subhash Place, behind Max Hospital, Pitampura, New Delhi as also NSPD-Mall Complex, Pitampura, New Delhi are non-squatting areas. The Petitioners had earlier applied for issuance of Certificates of Vending (hereinafter, ‘CoV’). However, the CoVs which have been issued permit them to vend only in squatting and vending W.P.(C) 16625/2024 Page 1 of 6 Signature Not Verified Signed By:DHIRENDER KUMAR Signing Date:26.04.2026 12:13:40 areas and not in non-squatting/non-vending areas. 5. On 10th March, 2026, the Court had considered the affidavit of the MCD collating a list of the squatting and vending places in the said area, which was provided to the Petitioner. However, no rejoinder has been filed in this regard. Further, it was also noted on behalf of the MCD that a survey was con