PATRI VYAPAR MANDAL DELHI (REGD) versus M.C.D. TOWN HALL & ORS.

PATRI VYAPAR MANDAL DELHI (REGD) versus M.C.D. TOWN HALL & ORS.

Reduction of footpath width cannot be ordered without concrete material; exercise must be done by Zonal Vending Committees and report submitted. Transfers of tehbazari/vending sites after 06.02.2007 are illegal and occupants are subject to eviction. The Delhi Laws Special Provisions Act, 2007 prevails over administrative orders, and its provisions must be strictly implemented. Photo census of existing and future squatters/hawkers is compulsory to prevent illegal transfers. Policy decisions regarding weekly markets and preference for women vendors are to be taken by MCD.

Parties
Petitioner: Patri Vyapar Mandal Delhi (Regd); Respondent: M.C.D. Town Hall & Ors.
Jurisdiction
India
Judgment Date
09 April 2009
Procedural Posture
Writ Petition (civil) / Final Order Disposing Applications
Outcome
Applications disposed, matter disposed
Legal Topics
Urban Street Vending, Tehbazari Rights, Footpath Usage, Weekly Markets, Delhi Laws Special Provisions Act
Constitutional Law Administrative Law Municipal Law Urban Street Vending Tehbazari Rights Footpath Usage Weekly Markets Delhi Laws Special Provisions Act

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Parties

Patri Vyapar Mandal Delhi (Regd)

Petitioner

M.C.D. Town Hall & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Order Disposing Applications

Legal Issues

  1. 1 Implementation of schemes for street vendors and squatters in Delhi
  2. 2 Reduction of footpath width for vending
  3. 3 Transferability of tehbazari/vending sites

Ratio Decidendi

Reduction of footpath width cannot be ordered without concrete material; exercise must be done by Zonal Vending Committees and report submitted. Transfers of tehbazari/vending sites after 06.02.2007 are illegal and occupants are subject to eviction. The Delhi Laws Special Provisions Act, 2007 prevails over administrative orders, and its provisions must be strictly implemented. Photo census of existing and future squatters/hawkers is compulsory to prevent illegal transfers. Policy decisions regarding weekly markets and preference for women vendors are to be taken by MCD.

Court Disposition

Applications disposed, matter disposed

Orders

  • Zonal Vending Committees to conduct an exercise on footpath width reduction and submit report to the Court within three months
  • No direction passed for reduction of width; subject to Zonal Vending Committees consideration