W.P.(C)/14442/2026 of KULDEEP KUMAR Vs NEW DELHI MUNICIPAL COUNCIL & ORS. on 29 September 2026

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner under Article 226

RAWAT Signing of the Constitution of India, inter alia, seeking directions to the New Delhi Municipal Council (hereinafter, ‘NDMC’) and the Town Vending Committee (hereinafter, ‘TVC’) to include Petitioner’s name in the survey carried out by the NDMC as also to verify Petitioner’s claim in respect of Mochi thara being MT-15, near Mohan Singh Place, Connaught Place, New Delhi, measuring 3x3 ft (hereinafter, ‘subject site’).

3. The brief background is that the Petitioner’s father –Shri. Ghanshyam Dass was permitted to render services as a shoe-shiner from the subject site, by the NDMC in 1981.

4. Thereafter, the Petitioner’s father expired on 16th December, 2000 and, subsequently, Petitioner’s mother, Smt. Vimla Devi, is stated to have continued as a vendor of ready-made garments from the subject site.

5. Further, the Petitioner’s mother applied to NDMC for transfer of the subject site in her name, as also for change of trade to ready-made garments. The same was transferred in her name, being the legal heir of late Shri. Ghanshyam Dass, on 9th January, 2014.

6. Pursuant thereto, Petitioner’s mother permitted the Petitioner to carry out the work from the subject site. She also expired on 6th October, 2020, and thereafter, the Petitioner applied for transfer/mutation of the subject site in his name. However, the same is stated to be pending.

7. It is the case of the Petitioner that the other two other legal heirs have given No-objection in favour of the Petitioner.

8. The further case of the Petitioner is that on 17th September, 2026, the officials of the NDMC visited the subject site, and restrained the Petitioner from carrying on the vending activities.

9. Hence, the present petition, praying that the Petitioner may be included

RAWAT Signing in the survey being carried out by the NDMC as also that he be given recognition so that the transfer of licence of the subject site can be made in favour of the Petitioner.

10. Mr. Kirti Uppal, ld. Senior Counsel appearing for the Petitioner submits that in terms of the circular dated 16th August, 2016, bearing No. D- 1043/SO(Estate-I)/2016, when there is change from non-license trade to non- licence trade activities, the same does not require any specific permission. In this regard, reliance is placed upon Clause 4 (iii) of the said circular. The said Clause is extracted below:

“Clause 4. Change of Trade

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(iii) For (a) change from ‘licence trade’ to ‘non- licence trade which is not in the negative list’, or (b) change from ‘non-licence trade’ to ‘non-licence trade which is not in the negative list’, or (c) grouping of non- licence trades which are not in the negative list, permission from NDMC will not be required, and an intimation, without any fee/increase in licence fee, to the Director Estate, NDMC shall be sufficient for the same.”

11. According to the Petitioner, the intimation of change of shoe-shine activities to ready-made garments has been made to the NDMC.

12. It is also the case of the Petitioner that he had submitted a detailed representation dated 18th September, 2026 to NDMC, for his inclusion in the ongoing survey of the old tehbazari holders.

13. Mr. Ganguli, ld. Counsel for the NDMC submits that the survey in the area near the subject site was conducted from 27th July, 2026 to 10th

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September, 2026, and the said survey has already been completed. However, the Petitioner does not appear to have participated in the said survey.

14. Heard. The photographs which have been placed on record by the Petitioner are extracted below:-

15. A perusal of the photographs placed on record by the Petitioner would reveal the following:

(i) That the Petitioner is running a ready-made garments vend;

(ii) That the size of the vend appears to be much larger than the licensed space allotted to the Petitioner, i.e., 3 × 3;

16. There are several challans which have been placed on record, issued in the name of the Petitioner’s father, mother and, thereafter, in the name of the

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Petitioner as well. However, the Petitioner ought to have participated in the survey conducted by the NDMC, and there is no clarity as to why he did not participate in the said survey.

17. Under such circumstances, considering that the survey has already been completed and the Petitioner has given a representation, it is directed that the NDMC shall consider the representation of the Petitioner dated 18th September, 2026.

18. In the event that all the documents are found to be genuine, Petitioner’s name shall be added in the survey list.

19. For the said purpose, the Petitioner shall appear before the Joint Director on 7th October, 2026 at 2:30pm.

20. Subject to the above, the Petitioner shall be permitted to vend strictly in accordance to the terms and conditions of the vending, including that the size of Petitioner’s vend shall not be more than the allotted size i.e., 3x3 ft.

21. The petition is disposed of in the above terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH JUDGE

DINESH BHATT JUDGE SEPTEMBER 29, 2026/‘rs’/sm

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