W.P.(C)/151/2026 of PALIKA BAZAR SHOPKEEPERS WELFARE ASSOCIATION AND ORS Vs GOVT. OF NCT OF DELHI on 6 November 2026

1. This hearing has been done through hybrid mode. CM APPL. 78252/2026 in W.P.(C) 151/2026

2. The present application has been filed by the Petitioners under Section 151 of Civil Procedure Code, 1908 seeking directions to the New Delhi Municipal Council (hereinafter ‘NDMC’) to give a hearing opportunity to the Petitioners before finalising the vending plan.

3. The Court has heard the ld. Sr. Counsel for the Petitioners as also the counsel for the NDMC and the Delhi Government.

4. It is the submission of Mr. Ralli, ld. Sr. Counsel for the Petitioners that even previously, this Court had already given an opportunity to the Petitioners to make submissions before the Joint Secretary, Urban Development, Government of NCT of Delhi vide order dated 5th February, 2026 where it was directed as under: “22. However, in order to ensure that all the parties who are effected, i.e., shopkeepers and the vendors are able to place their stand before the appropriate forum, it is deemed appropriate to direct that the representatives of these two stakeholder groups may be permitted to appear before the Competent Authority so that their objections can be considered while fixing of norms and before taking a decision in this matter.

23. For this purpose, it is directed that five representatives of the shopkeepers and five representatives of the vendors would be permitted to appear before a Committee considering the Town Vending Plan. Mr. Rajesh Choudhary, Joint Secretary, Department of Urban Development, Government of NCT of Delhi, shall fix a meeting between the Committee and the stakeholders wherein the shopkeepers and the vendors shall be heard and thereafter, a decision shall be taken. Mr. Vikram Kumar Yadav, Joint Director Enforcement, NDMC who is present in Court today shall coordinate with the shopkeepers and vendors associations to identify the representatives who would attend the said meeting. Ld. Counsel are free to contact Mr. Yadav and give the names of their respective clients.

24. In this said meeting, both the stakeholders’ groups are permitted to give written and oral submissions so that all the issues can be fully heard and considered and the norms can be fixed accordingly. The concerned officials from the NDMC shall also be present in the said meeting.

25. The meeting shall be held between the stakeholders and the Committee considering the Town Vending Plan on 24th February, 2026 at 11:30 A.M. in the office of Mr. Rajesh Choudhary, Joint Secretary, Department of Urban Development, Government of NCT of Delhi Department of Urban Development, Government of NCT of Delhi. Mr. Choudhary is free to call any other department officials who may be required for the said interaction. If the views of any other stakeholders are to be considered, Mr. Choudhary shall do the needful for hearing them.

26. After the hearing, decision shall be taken by the Competent Authority by 30th April, 2026 in respect of the Town Vending Plan submitted by the NDMC and the norms shall also be fixed in terms of Section 21(2).”

5. Subsequently, meetings were also directed to be held with the Chief Secretary, GNCTD.

6. On 27th July, 2026 the Chief Secretary, GNCTD had joined the proceedings online and stated that the vending plan has now been sent back to NDMC with various concerns.

7. The Court has repeatedly observed that in the finalising of the vending plan, under Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the final decision is that of the Delhi Government.

8. The NDMC being the local authority, can only submit the vending plan from its side to the Delhi Government and it is the obligation of the Delhi Government to finally approve the vending plan with whatever changes it deems appropriate.

9. However, there appears to have been a reluctance by the Delhi

Government to make any corrections in the vending plan despite the opportunity having been given by the Court to the Delhi Government to hear the traders and approve the vending plan accordingly.

10. The submissions of Ms. Gupta ld. Counsel for GNTCD and Mr. Peechara, ld. Counsel for NDMC reveal to the Court that the concern of Delhi Government is that the local authority would be the suitable body to take a decision on the comments, etc., or objections raised by the traders as also the vendors.

11. Under these circumstances, this Court is left with no other option but to pass the following directions to be followed by the authorities and the GNCTD in the chronology as is being directed: i. The Delhi Traffic Police has already given its comments to the NDMC. ii. The NDMC has now substantially completed its survey of all the old Tehbazari holders. iii. For finalising of the vending plan, in W.P.(C) 19705/2025 time has been granted to the NDMC till 26th November, 2026. Accordingly, let the NDMC finalise the vending plan for its entire area of all vendors and old Tehbazari holders. iv. After finalising of the vending plan, on 8th December, 2026, vendors, traders and shopkeepers, etc., would be heard by NDMC as also the Joint Secretary, Department of Urban Development, GNCTD. The meeting shall take place in the Department of Urban Development, GNCTD and the same shall be notified to Mr. Mudgal, ld. Counsel for the Petitioner. v. It is made clear that from each of the associations, only two representatives and one counsel shall attend the meeting and shall permit the meeting to go in a peaceful manner and not cause any disturbance. vi. After hearing the concerned stakeholders, if any changes are to be made into the vending plan, the same shall be carried out by the NDMC and shall be finally submitted by 10th January, 2026 to the Delhi Government. vii. The Delhi Government shall then take its decision in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 for finalisation of the vending plan along with the norms applicable to street vendors.

12. Considering the large number of vendors, shopkeepers, etc., whose interests are involved in this case, no further delay shall be caused by the NDMC or the GNCTD.

13. The Chief Secretary, GNCTD shall ensure that the vending plan is looked into and approved at the earliest.

14. Accordingly, the application is disposed of.

15. List on 26th November, 2026 i.e., the date already fixed. PRATHIBA M. SINGH JUDGE DINESH BHATT JDUGE NOVEMBER 6, 2026 dj/as