CONT.CAS(C)/1130/2026 of RAHUL SINGH Vs KESHAV CHANDRA, CHAIRPERSON OF NDMC on 11 August 2026

1. The present application has been filed on behalf of the petitioner seeking directions to the respondent-New Delhi Municipal Council (“NDMC”) to include the petitioner in the survey being conducted in terms of the Office Order dated 24th July, 2026, issued by the NDMC, whereby, it has been notified that survey of street vendors is starting from 27th July, 2026, for a period of one month.

2. This Court notes that the present petition has been filed by the petitioner alleging wilful disobedience of the order dated 08th August, 2025, passed by the Division Bench of this Court in W.P.(C) 11895/2025, wherein, directions were given to the respondent that the representation of the petitioner dated 19th July, 2025, shall be considered as an objection to the provisional list of vendors, who have been surveyed, and the said representation was to be dealt with, in accordance with law.

3. It is to be noted that the primary grievance of the petitioner is that despite having a valid identity card issued by the NDMC, he was excluded from the said survey conducted by the Town Vending Committee (“TVC”).

4. By way of the present application, petitioner has stated that when the officials of the TVC commenced the survey in Sarojini Nagar Market Area, Delhi, the petitioner was arbitrarily excluded solely on the ground that he does not possess any protective order from any Court. Thus, the writ being W.P.(C) 11854/2025 was preferred by the petitioner, wherein, the order dated 08th August, 2025, came to be passed.

5. It is submitted that the petitioner is a street vendor, who has been continuously carrying on vending activities even before the year 2010, from the site situated opposite Shop No. 94, near Shri Hanuman Lal Sai Mandir, Mother Dairy Chowk, Sarojini Nagar Market, South-West Delhi-110023.

6. Learned counsel for the petitioner submits that the NDMC has issued a new Office Order dated 24th July, 2026, stating that the survey of street vendors within the NDMC area is to be conducted for one month. He submits that the petitioner also ought to be included in the said survey.

7. It is submitted that the petitioner has already submitted a representation dated 31st July, 2026, to the Chairperson, NDMC requesting his inclusion in this new survey in the light of the pending adjudication of his rights.

8. It is submitted that the petitioner has a prima facie case for inclusion as he has been vending at the site for over 16 years, and possesses various challans/receipts issued by the NDMC acknowledging his long-standing vending activities. Thus, it is submitted that, in case, the petitioner is not included in the current survey starting from 27th July, 2026, the petitioner shall suffer irreparable loss and injury, as his right to livelihood under Article 21 of the Constitution of India shall be jeopardized.

9. Issue notice. Notice is accepted by learned counsel for the respondent, who submits that the fresh survey which is being conducted, is with regard the Kashmiri migrants as the well as old Tehbazari vendors.

10. Learned counsel for the respondent submits that the representation of the petitioner already stands decided vide order dated 03rd December, 2025, issued by the Joint Director (Enf.), South.

11. By way of the said order, the representation of the petitioner was decided on in the following manner: “xxx xxx xxx

6. That since, the survey has been concluded w.e.f. 31.08.2025 and at present, review window was opened for rectification of the deficiencies uploaded/filed by street vendor upto 12.11.2025. Therefore, the above may be placed before Town Vending Committee for consideration and decision as the appropriate authority is TVC which shall address the issue in accordance with Street Vendor Act, Rule and Scheme.”

12. Considering the submissions made before this Court, and the fact that the earlier representation was decided on the basis that the survey had already been concluded, this Court considers that it would be appropriate that the petitioner herein is also included in the survey to be conducted by the respondent-NDMC. Accordingly, it is directed that the petitioner’s name shall be duly included in the list of persons to be surveyed, and the case of the petitioner with regard to issuance of any Certificate of Vending shall be duly decided by the TVC in accordance with the statutory rules and regulation in that regard.

13. This order has been passed considering the submissions made by learned counsel for the petitioner that the petitioner has been squatting at the site in question for the over 16 years, and there are documents to support such contentions.

14. With the aforesaid directions, the present petition along with pending applications is accordingly disposed of.

15. The next date of 15th October, 2026, stands cancelled.

MINI PUSHKARNA, J AUGUST 11, 2026/au