W.P.(C)/14448/2026 of DURGA & ORS. 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 Petitioners 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 the Petitioners in the survey carried out by the NDMC as also to verify Petitioner’s claim in respect of Mochi Thara being MT-07, near Rivoli Cinema, Connaught Place, New Delhi, measuring 3x3 ft (hereinafter, ‘subject site’).

3. The background of the present case is that, the present petition has been filed by Smt. Durga, Smt. Tanuja and Smt. Yashodha Rani, who are three surviving daughters of late Smt. Vidhya Wati.

4. The father of the Petitioners i.e., late Shri Deep Chand was allotted the subject site vide communication dated 18th November, 1981, for carrying out the vocation of Mochi/shoe-shining.

5. Thereafter, Petitioners’ father is stated to have passed away on 8th November, 1984, and, subsequently, Smt. Vidyawati is stated to have continued as a vendor selling readymade garments, from the subject site.

6. The site was also transferred in the name of Petitioners’ mother vide order dated 17th January, 2014 issued by the NDMC. However, she also passed away on 21st June, 2021, and the Petitioners applied for transfer/mutation of the subject site in their name. The said transfer application is stated to be pending.

7. The further case of the Petitioners is that on 16th September, 2026, the officials of the NDMC visited the subject site, and restrained the Petitioners from carrying on the vending activities.

8. Hence, the present petition, praying that the Petitioners may be included in the survey being carried out by the NDMC as also that they be given recognition, so that the transfer of licence of the subject site can be

RAWAT Signing made in favour of the Petitioners.

9. Mr. Kirti Uppal, ld. Senior Counsel appearing for the Petitioners 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 xxxx

(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.

10. It is also the case of the Petitioners that they have made a detailed representation dated 18th September, 2026 to the NDMC seeking protection from removal from the subject site, for the inclusion of their name in the ongoing survey of the tehbazari holders as also for transfer of vocation to ready-made garments, which was the vocation being carried out by their mother.

11. 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 September, 2026, and the said survey has already been completed.

12. Heard. The photographs which has been placed on record by the Petitioners are extracted below:-

RAWAT Signing

13. The Petitioners are seeking transfer of the subject site in their name, on the basis that they are the surviving heirs of their parents.

14. A perusal of the photographs placed on record by the Petitioners would reveal the following:

(i) That the Petitioners are running a ready-made garments vend; Signed By:KAMLA RAWAT Signing

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

15. There are several challans which have been placed on record, issued in the name of the Petitioners’ father, mother and, thereafter, in the name of the Petitioners as well. However, the Petitioners ought to have participated in the survey conducted by the NDMC, and there is no clarity as to why they did not participate in the said survey.

16. Considering that the tehbazari license is an old license of the Petitioners’ parents, they cannot be deprived of enjoyment of the same, so long as they adhere to the conditions. The NDMC portal however permits tehbazari sites to be held by one tehbazari holder, due to some technical issue.

17. Accordingly, let the documents of the Petitioners be verified by the Joint Director, NDMC on 7th October, 2026 at 02:00pm. After verifying the same, if the documents of the Petitioners are found to be genuine, then the name of the eldest daughter of late Smt. Vidyawati be added in the survey list. However, once the TVC-II is constituted, the final certificate shall be issued in the names of all three daughters.

18. The TVC-II shall also consider the change of category and issue the vending certificate in a manner so as to permit them to vend readymade garments, in the final certificate of vending.

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

RAWAT Signing

20. 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 Signed By:KAMLA RAWAT Signing