MOHAMMAD IMTIYAZ ALAM vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~192 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25th February, 2026 Uploaded on: 28th February, 2026. + W.P.(C) 2477/2026 MOHAMMAD IMTIYAZ ALAM .....Petitioner Through:Mr. Sanjay Baniwal, Ms. Manisha and Mr. R.K. Seewal, Advs. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Ms. Namrata Mukim, SC, MCD, Ms. Niharika Singh, Adv. 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 Petitioner under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondent - Municipal Corporation of Delhi (hereinafter, ‘MCD’) to not disturb the vend of the Petitioner. The Petitioner has filed the present writ petition stating that he has been vending between Gate No. 1 and Gate No.2 of the wall in Fish Mandi, Ghazipur, East Delhi, Delhi - 110096, Shahdara South Zone, Ward - SE. The Petitioner is also issued a Certificate of Vending (hereinafter, ‘COV’) bearing URI No. 4590862. 3. It is the case of the Petitioner that he has not been allowed to vend peacefully by the MCD and the officials are causing disturbance to his vending activities. The Petitioner relies upon the following photograph to show that he is maintaining proper hygiene in his area of vending: Signature Not Verified Digitally Signed W.P.(C) 2477/2026 Page 1 of 8 By:DHIRENDER KUMAR Signing Date:28.02.2026 15:53:51 4. Ms. Mukim, ld. Counsel for the MCD disputes the case of the Petitioner. Ld. Counsel submits that the Petitioner has erected a permanent structure, covered the drain and is using the passage right next to the wall. Ld. Counsel for the MCD has placed on record several photographs of different d