Delhi High Court – Orders
Bindapur D.D.A. Flats Residents … vs Union Of India, & Ors on 26 February, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9515/2025 & CM APPL. 40196/2025, CM APPL.
47844/2025, CM APPL. 52069/2025, CM APPL. 4134/2026
BINDAPUR D.D.A. FLATS RESIDENTS WELFARE
ASSOCIATION (REGD.) .....Petitioner
Through: Mr. Anshuman Upadhyay and Ms.
Shubhangi Shashwat, Advs.
versus
UNION OF INDIA, & ORS. .....Respondents
Through: Mr. Aditya Kumar, Mr. Kailash Kr.
Jha, Mr. Akhil Rexwal and Mr. Vipin
Kumar (M: 9671520024).
Ms. Namrata Mukim Counsel for
DDA and Ms. Niharika Singh,
Advocate.
Mr. Sunil Goyal, ASC with Ms. Deepa
Rathore, Ms. Tanveet Kaur and Ms.
Happy Kumari, Advs. for MCD.
Mr. Rajesh Kumar; Licensing
Inspector, MCD.
Mr. Ripudaman Bhardwaj, CGSC for
Delhi Police.
Insp. Mahesh and SI Sohit P. S.
Bindapur.
Mr. Sameer Vashisht, Standing
Counsel (Civil) GNCTD With Ms.
Harshita Nathrani and Mr. Aryaman
Vaccher, Advs.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MADHU JAIN
ORDER
% 26.02.2026
1. This hearing has been done through hybrid mode.
W.P.(C) 9515/2025 Page 1 of 21
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2. The present petition has been filed by the Petitioner- Bindapur D.D.A.
Flats Residents Welfare Association, inter alia, assailing the order dated 3rd
July, 2025 bearing No. AC/WZ/MCD/2025-26/D-685 issued by the
Municipal Corporation of Delhi (hereinafter, ‘MCD’).
3. The matter of concern in the present case is the ‘Thursday weekly
Bazaar’ which is being held on the arterial roads of Bindapur DDA flats
Society, Dwarka, Delhi (hereinafter, ‘Bindapur Society’).
4. A brief background of the present case is that, the Bindapur Society
was established in 2000s and the Petitioner is the Residents Welfare
Association of the said Society.
5. The grievance of the Petitioner is that the ‘Thursday weekly Bazaar’
has brought the entire colony to a standstill. Due to the same, the residents
of the Bindapur Society are unable to avail encroachment-free internal roads
within the said Society.
6. It is also the grievance of the Petitioner that the ‘Thursday weekly
Bazaar’ encroaches upon the footpaths, the pedestrian walking areas, areas
outside shop premises and has in effect, congested the internal roads near the
Society. The weekly market has made it difficult for ambulances and fire
safety vehicles to move.
7. The present petition was heard on 10th July, 2025. The Court vide order
dated 10th July, 2025 had directed the Delhi Police to ensure that the
‘Thursday weekly Bazaar’ is not crowded. Further, the Delhi Police was
directed to file a status report placing on record the photographs and a sketch
of the area.
8. Post the order dated 10th July, 2025, the status report was filed by the
Delhi Police along with the photographs.
W.P.(C) 9515/2025 Page 2 of 21
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9. Today, the matter has been taken up for hearing. The Court has perused
the status reports and the various photographs which have been placed on
record.
10. The Petitioner had initially filed a writ petition being W.P.(C) 241/2024
titled Bindapur D.D.A. Flats Residents Welfare Association (Regd.) v.
Union of India & Ors. wherein vide order dated 16th January, 2024, the
predecessor Bench of this Court directed that the concerned SHO shall file a
status report. Relevant portion of the said order is as under:
“3. The present petition has been filed by the petitioner
(Bindapur DDA Flats Residents Welfare Association),
inter alia, praying that directions be issued to the
respondents to ensure that the roads and streets within
their colony (DDA Flats Bindapur Colony, Dwarka,
New Delhi) is kept free from illegal street vendors.
4. It is the petitioner’s case that the internal roads are
now clogged with street vendors and therefore, it is
impossible for any vehicle to traverse those streets. It is
alleged that school buses have stopped plying at the said
roads for picking up students residing in the area as it
is impossible for those vehicles to do so. Similarly, it is
claimed emergency vehicles find it impossible to enter
the colony.
5. The petitioner has filed photographs of the streets,
which clearly substantiate the aforesaid assertions. The
photographs shows that the entire main street has been
effectively turned into a market by innumerable street
vendors.
6. Although protection has been granted under the
Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014 to street
vendors, however, it is not possible to accept that the
extent of street vending in a particular area can be
permitted to effectively clog the entire streets and theW.P.(C) 9515/2025 Page 3 of 21
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right of way. The rights of various stakeholder are
required to be balanced.
7. The learned counsel appearing for the concerned
SHO, PS Bindapur as well as the Traffic Police states
that actions have been taken repeatedly to ensure that
the right of way is kept free from any encroachment.
Copy of photographs were stated to be taken on
13.01.2024 were handed over, which indicate that some
of the streets are free from encroachment. The
concerned SHO is directed to ensure that a proper right
of way is maintained at all times.
8. It is also contended that some of the stalls illegally
draw electricity. The photographs produced by the
petitioner clearly show that vending stalls put up by
street vendors are extensively illuminated, which
supports the allegation made by the petitioner.
9. The concerned SHO shall ensure that no illegal
electricity is drawn in the particular area.
10. The concerned SHO shall file a fresh status report
within a period of four weeks from today.”
11. Pursuant thereto, the street vendor association filed two applications in
the W.P.(C) 241/2024, seeking impleadment of street vendors as parties and
seeking clarification of the order dated 16th January, 2024.
12. On 23rd April, 2024, the applications filed by the street vendors were
dismissed and the Court had clearly observed that insofar as weekly markets
are concerned, no Certificates of Vending are issued to the street vendors for
the same. It was further directed that a fresh status report would be filed. The
relevant portion of the said order is set out below:
“1. The applicants in these applications claim to be
street vendors and have filed the present applications
seeking a clarification in respect of the order datedW.P.(C) 9515/2025 Page 4 of 21
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16.01.2024.
2. The applicants, essentially, pray that it be clarified
that there are no restrictions upon the applicants from
holding weekly markets/bazaar on Thursdays, in the
given area. Concededly, the applicants have not been
issued any Certificates of Vending (hereafter the COV)
by the concerned Town Vending Committee (hereafter
the TVC)/ Municipal Corporation of Delhi (hereafter
the MCD). They also have no permission to hold a
weekly market.
3. In terms of Sub-section (3) of Section 3 of the Street
Vendors (Protection of Livelihood and Regulation of
Street Vending) Act, 2014, (hereafter the Act) no street
vendor is to be evicted or be relocated, as the case may
be, till the survey as specified under Section 3(1) of the
Act is completed and COVs are issued to all street
vendors.
4. TVC has issued COVs to several street vendors after
the Government of NCT of Delhi Steet Vendors
(Protection of Livelihood and Regulation of Street
Vending) Scheme, 2019 came into effect. There is no
provision for issuing permissions to hold weekly
markets. The COVs are issued to bona fide street
vendors for carrying on vending activities subject to the
conditions as set out in the said COVs. The Terms and
Conditions as applicable to the COVs as have been
issued expressly provide that a mobile street vendor
would not carry on vending activities from a fixed place
for more than thirty minutes or such time as fixed by the
TVC.
5. As noted above, the applicants have not participated
in the survey as yet and have not been issued COVs.
Clearly, they cannot claim any right to hold weekly
markets.
6. In view of the above, the clarification as sought for by
W.P.(C) 9515/2025 Page 5 of 21
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the applicants in CM No.13509/2024 cannot be granted.
7. The concerned authorities, MCD and the Police
Authorities are required to ensure that no fixed market
is held in the colony in question (DDA Flats, Bindapur
Colony) or in the immediate vicinity, which blocks the
right of way.
8. The applications are, accordingly, dismissed.
xxx xxx xxx xxx
12. It is noticed that the photographs taken are in the
evening and the photographs relied upon by the Police
Authorities have been taken during the day. SHO, PS
Bindapur (respondent no.4) is required to ensure that
proper drives are carried out in the evening as well to
ensure that the ROW (Right of Way) in the area are
not obstructed on account of street vending. MCD
shall also take steps for ensuring the same.
13. Let a fresh Status Report be filed before the next
date of hearing.”
13. On 25th July, 2024, W.P.(C) 241/2024 was disposed of with the
following observations:
“1. The police authorities have filed the Status Report
dated 21.07.2024 affirming that the directions issued by
this Court were duly complied with and routine drives
are being held to ensure that the Right of Way in the
area is kept free from encroachment. The police
authorities have also enclosed certain DD Entries,
which indicate that on several occasions, the police
officials found that the area was crowded and the Right
of Way was not free from street vendors.
2. The petitioner has filed an application showing
photographs, which indicate that the Right of Way is
partially blocked on account of street vendors carryingW.P.(C) 9515/2025 Page 6 of 21
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on their activities in the given area.
3. In view of the above, we dispose of the present
petition by directing the concerned DCP (DCP,
Dwarka) as well as all the concerned SHOs to take
coordinated action to ensure that the Right of Way in
the area (area described as DDA Flats Bindapur
Colony, Dwarka, New Delhi) is kept free from
encroachment.
4. The petition is disposed of in the aforesaid terms. All
pending applications are also disposed of.”
14. In terms of the above order, the Court had directed the concerned DCP
and concerned SHO to ensure that the right of way of the residents of the
Bindapur Society is kept free and not encroached upon.
15. After W.P.(C) 241/2024 was disposed of, the weekly market street
vendors’ association known as the Saptahik Bazaar Path Vikreta Welfare
Association filed W.P (C) 15129/2024 seeking various prayers.
16. In W.P. (C) 15129/2024, the Division Bench of this Court while
considering the directions issued in W.P.(C) 241/2024 vide order dated 25th
July, 2024 dismissed the said petition. The order dated 25th October, 2024 in
Writ Petition (C) 15129/2024 is set out below:
“1. This writ petition has been preferred seeking the
following reliefs:
“I. Pass an order directing the respondents to
allow the members of the petitioner association to
held Weekly Market at Bindapur Dwarka DDA
Marg on every Thursday from 04 PM to 10 PM.
II. Pass an order directing the respondents, to give
alternate space to the street vendors of the Weekly
Market to held Thursday Weekly Market at
Bindapur.
W.P.(C) 9515/2025 Page 7 of 21
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III. Pass any such directions or order that this
Hon’ble Court deems fit and proper in the facts and
circumstances of the abovementioned case.”
2. We take note of an order dated 25 July 2024, which
had been passed by a Division Bench of our Court in
W.P(C) 241/2024, while dealing with the writ petition
preferred by the Bindapur DDA Flats Residents Welfare
Society. That order reads as follows:
“1. The police authorities have filed the Status
Report dated 21.07.2024 affirming that the
directions issued by this Court were duly complied
with and routine drives are being held to ensure
that the Right of Way in the area is kept free from
encroachment. The police authorities have also
enclosed certain DD Entries, which indicate that
on several occasions, the police officials found that
the area was crowded and the Right of Way was
not free from street vendors.
2. The petitioner has filed an application showing
photographs, which indicate that the Right of Way
is partially blocked on account of street vendors
carrying on their activities in the given area.
3. In view of the above, we dispose of the present
petition by directing the concerned DCP (DCP,
Dwarka) as well as all the concerned SHOs to take
coordinated action to ensure that the Right of Way
in the area (area described as DDA Flats Bindapur
Colony, Dwarka, New Delhi) is kept free from
encroachment.
4. The petition is disposed of in the aforesaid terms.
All pending applications are also disposed of.”
3. The right which the petitioner seeks is in respect of
the same area. In view of the aforesaid, we dispose of
the writ petition by permitting the writ petitioners to
make a representation to the Municipal Corporation of
Delhi [‘MCD’].
W.P.(C) 9515/2025 Page 8 of 21
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4. The competent authority in the MCD shall while
considering the said representation also bear in mind
the directions issued in the writ petition aforenoted and
upon taking into consideration the views of all
stakeholders including the Delhi Police.”
17. As can be seen from the above order, the said writ petition was disposed
of and MCD was directed to consider the representation of the street vendors.
18. Pursuant to the order dated 25th October, 2024, the MCD has passed
the impugned order on 3rd July, 2025 directing as under:
“In view of directions of Hon’ble High Court in WP
(C) No 15129/2024 dated 25/10/2024 the Weekly
Market is hereby permitted to operate on Thursday
only every week with immediate effect purely on
temporary basis till the final decision of Town Vending
Committee in terms of Street Vendor Act 2014 and
Street Vendors Protection of livelihood and Regulation
of Street Vending Rules, 2017 and Scheme 2019.
However, the weekly market operation shall be on strict
watch and ward by Police authority and Municipal
branch. In case of any violations of blockage of road by
weekly market vendors, action against the Weekly
Market shall be initiated which may include suspension
of the weekly market.
This issues with prior approval of competent authority.”
19. The order dated 3rd July, 2025 issued by the MCD is impugned before
the Court in the present petition.
20. The grievance of the residents of the Bindapur Society is that the
‘Thursday weekly Bazaar’, which was to operate as a temporary market has
caused enormous difficulty and obstacles in the peaceful living of the
residents of the Bindapur Society.
21. The submissions by Mr. Anshuman Upadhyay, ld. Counsel for the
W.P.(C) 9515/2025 Page 9 of 21
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Petitioner is that:
(i) There are more than 25,000 residents in Bindapur Society. The
residents are facing various issues, as the school buses refuse to
enter the Society and the parents and the children have to come
to the main road to access the school buses every day. The
weekly market has resulted in complete chaos, and has made the
life of all the residents extremely difficult.
(ii) The operation of the weekly market has given rise to serious
safety and security concerns. It has resulted in severe congestion
of the internal roads, thereby obstructing and, at times,
completely impeding the free movement of ambulances and fire
safety vehicles, posing a grave risk to public health and
emergency response.
22. Mr. Sunil Goyal, ld. Counsel for the MCD submits that the impugned
order has been passed on 3rd July, 2025, pursuant to the order dated 25th
October, 2024. Therefore, the Petitioner is not entitled to seek quashing of
the same. On a query from the Court, as to whether any charges are paid by
the weekly street vendors to the MCD, it is submitted that Rs.10/- used to be
collected prior to COVID-19. However, presently, no amount is being
collected.
23. On behalf of the street vendors, Mr. Aditya Kumar, ld. Counsel has
made the following submissions:
(i) The photographs which have been placed on record are
completely misleading. The congestion shown therein pertains only to
a particular turning point on the road, where temporary traffic occurs
due to the accumulation of street vendors and customers. Otherwise,W.P.(C) 9515/2025 Page 10 of 21
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the road is broad enough to accommodate the weekly market.
(ii) It is contended that the weekly market provides livelihood to
several street vendors and the same ought not to be stopped.
(iii) It is further submitted that the street vendors have been putting
up their shops for several years even before the Bindapur Society was
made.
(iv) It is submitted that the traffic in the said area is due to the
customers who are in front of the street vendors buying the products
and congestion is not caused by the street vendors themselves.
24. The Court has heard the ld. Counsels for the parties and perused the
records. The Hon’ble Supreme Court in W.P.(C) 1699/1987 titled ‘Sudhir
Madan & Ors. v. Municipal Corporation of Delhi and Ors.‘, has made it
clear that weekly markets would be held only on the day when the other
remaining markets of the area are closed. This is in terms of the scheme of the
MCD itself. Relevant portion of the judgment dated 17th May, 2007 reads as
under:
“25. We have considered the Scheme proposed by the
MCD in relation to weekly bazars and having
considered the submissions urged on behalf of counsel
appearing for the parties, we are of the view that
weekly bazars should be held only once a week in an
area which must be the day on which the markets in
the area observe a weekly closure under the Shops and
Establishments Act. No weekly bazars will be held on
a day which is not a closed day for the market of the
area. The MCD will identify the area over which
weekly bazar may be held and in doing so it must take
care to see that no road is blocked and access to any of
W.P.(C) 9515/2025 Page 11 of 21
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the premises on the road is not affected. If there be any
open space available, excluding the parks, it may
permit weekly bazars to be held there. If necessary
weekly bazars shall be held at a place other than where
it is currently held if it is not possible to hold the bazar
at the present location without causing undue
inconvenience to the residents of the locality. We again
reiterate that such bazars shall be held only on days
when the market of that area observes a weekly off day
in compliance with the provisions of the Shops and
Establishments Act and on no other day.”
25. Further, this Court in W.P.(C) 6327/2025 titled ‘Mohd Nizam v.
Municipal Corporation of Delhi and Anr.‘ while relying upon a circular
issued by the MCD dated 30th December, 2009 has held that the weekly
markets in Delhi shall be held once a week on the day when the markets in
that area are closed. The relevant portion of the order dated 13th May, 2025
in Mohd Nizam (supra) reads as under:
“[…]
13. Accordingly, the Deputy Commissioner of Police
(DCP) and the Deputy Commissioner (MCD) of the
concerned area shall conduct a joint thorough inquiry
in respect of the weekly market in Ranjeet Nagar, Delhi
including the allegation of collection of protection
money from hawkers to permit them to vend. A report
shall be placed before this Court.
14. The MCD shall ensure that only those vendors who
are duly licenced by the MCD shall be allowed to vend
in the weekly market. In addition, the circular which is
placed on record dated 30th December, 2009 clearly
provides that the weekly markets would be held once a
week. The said circular reads as under:
W.P.(C) 9515/2025 Page 12 of 21
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” …. The Weekly Market would be held once a
week on the day on which the market/markets are
closed in that area.”
26. Section 31 of the Police Act, 1861 has also been brought to the notice
of the Court. The same is extracted below for ready reference:
“31. Police to keep order on public roads, etc.- It shall
be the duty of the police to keep order on the public
roads, and in the public streets, thoroughfares, ghats
and landing-places, and at all other places of public
resort, and to prevent obstruction on the occasions of
assemblies and processions on the public roads and in
the public streets, or in the neighbourhood of places of
worship, during the time of public worship, and in any
case when any road, street, thoroughfare, ghat or
landing-place may be thronged or may be liable to be
obstructed.”
27. For the sake of understanding the extreme condition and the situation
that is prevalent in the weekly market, some of the images on records are
extracted below:
W.P.(C) 9515/2025 Page 13 of 21
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28. After having perused the images and status report on record, there can
be no doubt that the operation of the ‘Thursday weekly Bazaar’ on the internal
roads of the Bindapur Society in this manner is completely illegal, and
contrary to law. The weekly markets can at best be made to operate in a
manner, which is conducive to the residents of the area.
29. The Supreme Court in Sudhir Madan & Ors. (Supra) has clearly held
that weekly bazaars can operate when the shops in the market area are
observing a weekly closure under the Shops and Establishments Act. It was
further observed that if any open space is available, the weekly bazaar can be
permitted to be held there.
30. In fact, the Court has been informed that there are designated places in
the said area, where shops which are already part of the plan of the Bindapur
Society are also operating.
31. The convenience and safety of the residents of the locality is
paramount. In view of the above position and the chaos that is caused due to
‘Thursday weekly Bazaar’, this Court is of the opinion that the weekly market
W.P.(C) 9515/2025 Page 19 of 21
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cannot be permitted to operate in the manner in which it is presently being
held.
32. Accordingly, a meeting shall be held at the Resident Welfare
Association Office of the Petitioner on 5th March, 2026 at 11.30am. In the
said meeting, a decision shall be taken as to whether the weekly bazaar is to
operate at all and if so in what manner. The meeting shall be held by the
following two persons:
(i) Joint Secretary, Department of Urban Development who shall
head the meeting;
(ii) The concerned SDM of the area;
In addition, the following persons shall be present at the meeting and give
their views:
(iii) The S.H.O. P.S., Bindapur;
(iv) Five office bearers of the Petitioner-RWA;
(v) Five representatives of the street vendors' association;
(vi) Two MCD officials of the said area, who are aware of the
prevalent position on the ground;
(vii) Two DDA officials.
33. Mr. Sameer Vashisht, ld. Standing Counsel for GNCTD is requested to
accept notice and represent the GNCTD as also the Department of Urban
Development.
34. Let a status report be filed by Mr. Sameer Vashisht, ld. Standing
Counsel.
35. The Joint Secretary, Department of Urban Development and the
concerned SDM shall make their recommendations bearing in mind the
following:
W.P.(C) 9515/2025 Page 20 of 21
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(i) The weekly market shall not be permitted on the main roads, or
on any of the residential roads of the concerned area;
(ii) The weekly market shall be permitted to operate only within a
designated commercial area where existing shops observe a weekly
closure, or in any other specifically identified area that is vacant and is
available for use of the weekly market;
(iii) Charges shall be paid by the street vendors to the MCD, till the
Town Vending Committee decides upon the final charges for operation
of the weekly markets;
(iv) The concerned officials of the MCD shall ensure that allotment
of slots in the weekly market is not made to the same individuals as a
matter of course each week. The allotments may be rotated on a weekly
basis.
(v) The payment for the weekly market can be broadly in terms of
the table set out in Clause 4.1 of the Government of National Capital
Territory of Delhi Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Scheme, 2019.
36. Additionally, the S.H.O. P.S, Bindapur of the area shall be taken into
confidence before the final recommendation is made.
37. List on 30th March, 2026 for receiving the recommendations.
PRATHIBA M. SINGH, J.
MADHU JAIN, J.
FEBRUARY 26, 2026
mr/sm
W.P.(C) 9515/2025 Page 21 of 21
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