W.P.(C) 2962/2026 & connected matters Page 1 of 22

$~39 to 46

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 13

th

April, 2026

Uploaded on: 16

th

April, 2026.

~39

+ W.P.(C) 2962/2026 & CM APPL. 14320/2026

RANJANA CHANDNA .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. .....Respondents

~40

+ W.P.(C) 2978/2026 & CM APPL. 14384/2026

RAMESH CHAND .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. ...Respondents

~41

+ W.P.(C) 2979/2026 & CM APPL. 14385/2026

AJAY KUMAR .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. .....Respondents

~42

+ W.P.(C) 2980/2026 & CM APPL. 14386/2026

MS. PREETI NAGAR .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. .....Respondents

~43

+ W.P.(C) 3010/2026 & CM APPL. 14516/2026

SUBHASH CHAND .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. .....Respondents

~44

+ W.P.(C) 3060/2026 & CM APPL. 14791/2026

TANUJA HAROON .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. .....Respondents

W.P.(C) 2962/2026 & connected matters Page 2 of 22

~45

+ W.P.(C) 3061/2026 & CM APPL. 14792/2026

ASHOK KUMAR .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. .....Respondents

~46

+ W.P.(C) 3062/2026 & CM APPL. 14793/2026

SMT. PARVEEN .....Petitioner

versus

PUBLIC WORKS DEPARTMENT AND ORS. .....Respondents

APPEARANCE

ON BEHALF OF PETITIONERS:

Mr. Kaushal Yadav & Mr. Nandlal Kumar Mishra, Advs.

ON BEHALF OF RESPONDENTS:

Mr. Brijesh Yadav, SPC along with Ms. Nikita, Mr. Sandeep Yadav, Mr.

Anirudh Nagar, Mr. Hari Mohan & Mr. Kunal Chaudhary, Advs., Ms

Namrata Mukim Standing Counsel MCD and Ms Niharika Singh, Adv., Mr.

Santosh Kumar Pandey SPC, Mr. Sunil Goyal ASC along with Ms. Happy

Kumari, Adv., Mr. Pushpinder Singh (SPC), along with Mr. Harsh

Wadhwani, Advs., Mr. Kunal Rawat SPC(UOI), Dr. Ishaan Swarana Sharma,

Mr. Ayush, Mr. Shubham Shukla, Ms. Shambhavi Sharma, Mr. Mukund

Ranjan, Advs., Mr. Manish Kumar Srivastava, Mr. Moksh Arora, Mr. Santosh

Ramdurg, Advs. and Mr. Amit Singh, AGM Legal TPDDL, Mr. Puneet

Yadav, Adv., Ms. Beenashaw N. Soni (standing counsel, MCD) with Ms.

Mansi Jain, Advs., Ms Shilpa Dewan, (Senior Panel Counsel) UOI, Ms Puja

S Kalra, Adv., Mr Pushpinder Singh, SPC and Mr. Kushagra Sachdeva,

Government pleader, Mr Siddhant Nath, Adv. Mr. Amaan Khana Adv, Mr.

Jai Singh Rawat, Adv. for Mr. Divyam Nandrajog, Adv, Mr. Chiranjiv

Kumar, Mr. Mukesh Sachdeva, Mr. Pranav Arya, Advs., Ms. Vaishali Gupta,

Panel Counsel ( Civil ) GNCTD, Ms. Rashi Aggarwal , Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUSTICE MADHU JAIN

Prathiba M. Singh, J. (Oral)

1.This hearing has been done through hybrid mode.

W.P.(C) 2962/2026 & connected matters Page 3 of 22

2.The present petitions have been filed by the Petitioners who claim to

be valid Tehbazari holders & vendors in the Timarpur area, where a

demolition action was recently conducted by the Municipal Corporation of

Delhi/ Public Works Department (hereinafter, ‘PWD’) on 5th February, 2026.

3. The details, including the factual background of the said vendors who

have filed these petitions, as stated in their respective petitions are as under:

S.

No.

Name of

Petitioner &

Writ

Number

(i) Tehbazari

Receipt

Number, (ii)

Date of

Issuance and

(iii) Validity

Tehbazari

Site Allocated and

Site Number

Site Type

1.Ranjana

Chandna

W.P.(C)

2962/2026

Receipt No.:

0702202611054

03

Issued on:

26.03.2010

Validity:

31.03.2026

Timar Pass Section,

Near Bus Stand, Delhi

Administrative Staff

Quarter, Delhi

Site No.:7075

Rehri

Stall/

Others

2.Ramesh

Chand

W.P.(C)

2978/2026

Receipt No.:

2302202619210

47

Issued on:

26.05.2005

Validity:

31.03.2026

Delhi Administrative

Flats, Nera Pass

Section, Timarpur,

Main Road, Delhi

Site No.:15506

Rehri

Stall/

Others

3.Ajay Kumar

W.P.(C)

2979/2026

Receipt No.:

2804202515115

22

Issued on:

Along with wall of

Delhi Administrative

Quarters, Pass Section,

Timarpur

Rehri

Stall/

Others

W.P.(C) 2962/2026 & connected matters Page 4 of 22

21.08.2006

Validity:

31.03.2026

Site No.:16264

4.Ms. Preeti

Nagar

W.P.(C)

2980/2026

Receipt No.:

0108202518412

42

Issued on:

15.12.2009

Validity:

31.03.2026

Near Royal Banquet

Hall, Vijay Nagar,

Delhi

Site No.:10200

Rehri

Stall/

Others

5.Subhash

Chand

W.P.(C)

3010/2026

Receipt No.:

0602202611120

27

Issued on:

20.08.2004

Validity:

31.03.2026

Here & There

Timarpur

Site No.:15098

Rehri

Stall/

Others

6.Tanuja

Haroon

W.P.(C)

3060/2026

Receipt No.:

1504202516422

64

Issued on:

17.04.2009

Validity:

31.03.2026

Near Administration

Flats, Way to Balak

Ram Hospital,

Timarpur

Site No.:1513099

Squatters

Regular

7.Ashok Kumar

W.P.(C)

3061/2026

Receipt No.:

2404202518345

83

Issued on:

21.08.2006

Along with wall of

Delhi Administrative

Quarters, Pass Section,

Timarpur, Delhi

Site No.:16261

Rehri

Stall/

Others

W.P.(C) 2962/2026 & connected matters Page 5 of 22

Validity:

31.03.2026

8.Smt. Parveen

W.P.(C)

3062/2026

Receipt No.:

0108202518314

65

Issued on:

31.03.2004

Validity:

31.03.2026

Red light to fire station,

Jahangirpuri, near K

block park

Site No.:7741

Rehri

Stall/

Others

4. According to the Petitioners, they had applied for validtehbazari

licenses, they were also allotted a license for coveredtehbazariand had also

deposited the requisite fee.

5. However, sometime in January-February, 2026, a drive was undertaken

by the PWD, along with the MCD, notices were issued to the vendors and

under the garb of encroachments, the Petitioners’tehbazarivends were also

removed.

6. The prayer in these writ petitions is for restoring thetehbazarisites of

the Petitioners and permitting them to carry out their business until their

tehbazarilicense expires.

7. On the previous datesi.e., on 10th March, 2026 and 11 March 2026,

videseparate orders, the Court had noted the allegations of the Petitioners that

they were illegally removed by the Authorities. Accordingly, the Court had

directed the Municipal Corporation of Delhi(hereinafter, ‘MCD’)and the

Public Works Department(hereinafter, ‘PWD’)to file their respective status

reports in the present petitions to show the manner in which the Petitioners’

vends were recognized as unauthorised encroachments and were thus

W.P.(C) 2962/2026 & connected matters Page 6 of 22

removed.

8. On 6

th

April 2026, the Court was informed that the PWD had taken the

said action of removing the vends of the Petitioners as theirtehbazarivends

were adjacent to the drains. Due to this, the manholes had been totally blocked

and there was severe water logging in the area. It is further the case of PWD

that most of the vendors whose vends were removed were completely

unauthorised and were encroaching upon public land. In view thereof, the

court had passed the following order on 6th April, 2026 :-

“4. Today, ld. Counsels for the Municipal Corporation

of Delhi (hereinafter, ‘MCD’) and PWD have either

filed or handed over the status reports to the Court.

5. The Court has perused the same. In some of these

petitions, the status reports are not on record. The delay

in filing the status reports is condoned. Let the same be

brought on record.

6. In addition, the submission on behalf of the ld.

Counsels for the MCD is that an Inquiry Committee has

been constituted to inquire into the signing of certain

documents including letters dated 11th September, 2020

inW.P.(C) 3061/2026andW.P.(C) 3062/2026which

have been signed by the Assistant Commissioner, Civil

Lines Zone, NDMC, Delhi/MCD. The said letters are

stated to be fabricated documents, issued by some

unscrupulous officers.

7. Let the constitution of the Inquiry Committee of the

MCD be formally reported to the Court on the next date,

along with the order passed in this regard, by the MCD.

8. Further, ld. Counsels for the Petitioners shall also be

served with the copies of all the status reports which

have been filed by the concerned authorities.

9. Additionally, ld. Counsels for the Petitioner are also

permitted to file any additional documents, if required,

by the next date.

10. Ld. Counsel for the MCD submit that encroachments

W.P.(C) 2962/2026 & connected matters Page 7 of 22

have been removed in the Timarpur area.

11. In fact, ld. Counsel for PWD has brought to the

notice of the Court that there was a drain, adjacent to

which the tehbazari sites had been set up by the

Petitioners. It is submitted that the untreated discharge

was flowing directly into the drain, which had been

clogged, resulting in severe water logging in the

Timarpur area. Since the tehbazari shops were

unauthorized and constituted encroachment on public

land, the same were removed.

12. With regard to the aforesaid position, let a status

report be also filed by the PWD as well.

13. Further, there is also an allegation by the ld.

Counsels appearing for the MCD and PWD that in the

night, the Petitioners and other similarly placed persons

put up their stalls and remove it by the morning.

14. The Station House Officer, P.S. Timarpur, shall be

personally responsible for ensuring that no vending

activities, outlets or tehbazari sites are operated from

the area where the encroachments have been removed.

The PWD shall undertake removal of clogging in the

drains, conduct desilting operations, ensure free flow of

the water and cleaning up of the concerned

Timarpur area.

15. Additionally, the Petitioners shall not reinstate their

goods or any of their belongings, either temporarily or

otherwise, as the demolition has already taken place in

the said Timarpur area.”

9. Today, further status reports have been filed by the MCD, PWD, SHO

of the concerned area, as also by TATA Power Delhi Distribution Limited

(hereinafter, ‘TPDDL’).

10. Firstly, on behalf of TPDDL, it is submitted that the electricity

connection was provided to the Petitioners after they had submitted their

requisite documents, however, when the PWD undertook the removal of

W.P.(C) 2962/2026 & connected matters Page 8 of 22

encroachments, the electricity was disconnected.

11. It is also submitted that in some cases, no electricity connection was

provided in the first place, such as inW.P.(C) 2962/2026 and W.P.(C)

3010/2026.

12. Be that as it may, in some cases, the MCD appears to have issued the

tehbazarilicenses, however, the said licenses are for coveredtehbazaris. The

case of the MCD is that some unscrupulous officers of the MCD have

fabricated and created the documents & licenses which are relied upon by the

Petitioners herein in the other petitions.

13. Insofar as PWD is concerned, the situation is much more serious, as is

evident in their affidavit. An affidavit has been sworn by the Executive

Engineer of the Central & New Delhi- Road, Division (M-413) PWD, New

Delhi wherein it is stated as under:

“6. This office duly coordinated with all concerned

stakeholders, including the Task Force, Municipal

Corporation of Delhi (MCD), Revenue Department, and

Police Department, for demarcation of land and

verification of “Tehbazari” vide letter No.

12(17)/AE/C&ND-Roads/2025-26/186-(H) dated

12.11.2025 and EE office letter No. 23 (Ench.-

II)/EE/C&ND-Roads/PWD/2025 - 26/3802-(H) dated

18.12.2025. A copy of the letter 12(17)/AE/C&ND-

Roads/2025-26/186-(H) dated 12.11.2025 has been

annexed here with asAnnexure —B,and a copy of the

letter No. 23 (Ench. -II)/EE/C&ND-Roads/PWD/2025-

26/3802-(H) dated 18.12.2025 has been annexed

herewith asAnnexure-C7. That thereafter, a drive was

conducted on 20.01.2026 after issuance of prior notice

to all concerned stakeholders vide letter No. 12(17)/AE-

II/C&ND-Roads/2025-26/216-(H) dated 21.12.2025.

The notice was also served to shopkeepers/affixed on

shops well in advance. A copy of the letter No.

W.P.(C) 2962/2026 & connected matters Page 9 of 22

12(17)/AEII/ C&ND-Roads/2025-26/216-(H) dated

21.12.2025 is annexed herewith asAnnexure — D.

8. During the above-mentioned drive, all the

shopkeepers were informed that they should vacate the

encroached footpath/drains so that maintenance could

be carried out. It is further submitted that

redevelopment works, including the construction of a

new drainage system/footpath as per the Drainage

Master Plan, have also been proposed for the said

stretch of road, necessitating urgent clearance of

encroachments over drain & footpath area.

9. It is also in terms of Tehbazari that “Tehbazari is

purely temporary and has to vacate the site for any govt.

work or in public interest as and where required.” Even

after repeated personal requests/notices, the

footpath/drains were not made available for the govt.

work, i.e. maintenance/cleaning of

drains/footpath/road, etc.

10. It is further submitted that PWD has to maintain

their ROW free from encroachment for maintenance and

of Road, Footpath & Drains as per the Office

Memorandum No. 23(35)/ADG (Maintenance &

Flyover)/PWD/2025-26/207 dated 05.02.2026 wherein

it has been categorically stated that PWD is authorized

to remove any encroachment hindering the maintenance

of road, footpath, and ROW, thereby requesting stake

holder i.e. MCD, Delhi Police, Task Force to get the

area free from encroachment. A copy of the Office

Memorandum No. 23(35)/ADG (Maintenance &

Flyover)/PWD/2025-26/207 dated 05.02.2026 is

annexed herewith asAnnexure -E.

11. That accordingly, after due intimation to all

concerned departments vide letter No.

12(17)/AE/C&ND-Roads/2025- 26/261-(H) dated

29.01.2026 and EE office letter No. 23 (Ench.-

II)/EE/C&ND-Roads/PWD/2025-26/487-(H) dated

02.02.2026, and upon serving prior notice to all

stakeholders, a subsequent encroachment removal drive

W.P.(C) 2962/2026 & connected matters Page 10 of 22

was conducted on 05.02.2026 jointly by all stake

holders, PWD, MCD, Task Force, Delhi Police, TPDDL

etc. it is respectfully submitted that the said

encroachment removal drive was carried out strictly in

accordance with law and solely in the interest of

ensuring smooth traffic movement, effective

drainage/footpath maintenance, and public convenience

in the interest of Govt. A copy of the letter No.

12(17)/AE/C&NDRoads/2025-26/261-(H) dated

29.01.2026 is annexed herewith asAnnexure -F. A copy

of the office letter No. 23 (Ench.- II)/EE/C&ND-

Roads/PWD/2025-26/487-(H) dated 02.02.2026 is

annexed herewith asAnnexure —G.

12.That the actions undertaken by the PWD, along with

all stakeholders, i.e. MCD, Task Force, Delhi Police,

TPDDL, etc., demonstrate its continued commitment

towards maintaining public infrastructure, preventing

waterlogging, and ensuring that public roads and

drains & footpath remain free from encroachment to

carry out proper maintenance of road/footpath/drains.

13. That the Answering Respondent has utmost respect

for this Hon’ble Court and the orders passed by this

Hon’ble Court. The Answering Respondent is taking all

possible measures in compliance with the orders and

directions of this Hon’ble Court.”

14. A perusal of the said affidavit of PWD also shows that there are

photographs which are annexed therein, evidencing the nature of water

logging in the area, the manner in which roads have been covered and

occupied by thetehbazariholders, as also the manholes being totally blocked

and choked, leading to severe water logging. The said photographs are also

set out below:

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15. Thus, the affidavit of PWD leaves no manner of doubt in the mind to

the Court that there are severe encroachments and occupation by various

W.P.(C) 2962/2026 & connected matters Page 18 of 22

shopkeepers, persons runningdhabasand other outlets, as also small shops.

The photographs extracted above show the nature and extent of the

encroachments. Further, the PWD and the MCD are stated to have together

undertaken the anti-encroachment drive.

16. It is a matter of fact of which judicial notice has been taken that during

the rainy season, several parts of Delhi are completely water logged and the

reason for this, on most occasions, is unauthorised encroachments, as also,

non de-siltingof drains at the appropriate time.

17. If the encroachments on drains, clearing of manholes and sewage

systems are not done properly and at the right time, water logging will

continue unabatedly, causing severe civic problems for the whole of Delhi.

18. In the opinion of this Court, such anti-encroachment drives are

absolutely essential and the PWD’s affidavit leaves no manner of doubt that

the encroachments have to be mandatorily removed.

19. Insofar as the case of the Petitioners who claim that they have a valid

tehbazarilicense is concerned, the stand of the MCD, as per the affidavit

placed on record clearly states that the said licenses are not genuine

documents, and they appear to be a result of some connivance of MCD

officials.

20. The affidavit filed by the MCD sworn by M.r Ravi Goel, Assistant

Commissioner, MCD in the Civil Line Zone, MCD, Delhi, clearly uses the

word“unscrupulous officials of MCD”in the affidavit itself. This clearly

shows that whenever such encroachments happened, some unscrupulous

officials, having vested interests may have been involved.

21. In this regard, on the last date of hearing, the Court had directed MCD

to place on record as to what is the nature of the Committee that has been

W.P.(C) 2962/2026 & connected matters Page 19 of 22

formed, to scrutinise these documents and to take appropriate action.

22. Today, a communication in this regard has been placed on record by

the MCD which shows the formation of a Committee to scrutinise the

tehbazari, in the said Ward No. 11 Timarpur, Delhi. The said communication

dated 8

th

April, 2026 is set out below:

“Subject:- Formation of committee to scrutinize

Tehbazari in ward no. 11, Timarpur, Delhi -

regarding.

Whereas certain parties have claimed

tehbazari/vending rights in ward no.11 Timarpur and

have relied upon various documents in support of their

claims;

And Whereas the Municipal corporation of Delhi has

already taken a stand before the Hon'ble court that such

parties are not recognised Tehbazari holders/licenced

Tehbazari holders as per the official records;

And Whereas it has become necessary to verify the

authenticity and genuineness of documents relied upon

by such parties, in order to place correct factual

position on record;

Accordingly, a committee is hereby constituted

comprising

1. Assistant Commissioner /CLZ- Chairman

2. Administrative Officer/CLZ - Member

3. Accounts Officer/CLZ - Member

4. ALO/CLZ - Member”

23. In some of these petitions, there are documents signed by MCD

officials, which appear to have given the basis to the Petitioners to file these

petitions, and to claim validtehbazarirights.

24. Thus, until and unless these documents, including thetehbazari

licenses, are dulyscrutinised bythe necessary Committee, as also bythe Town

Vending Committee in accordance with law and as per the relevant Acts and

W.P.(C) 2962/2026 & connected matters Page 20 of 22

Rules of MCD, the Petitioners cannot claim to be validtehbazariholders.

25. There cannot be any doubt that some connivance may have been there

of certain officials who may be involved with the Petitioners in creation and

fabrication of such documents. Thus, this matter requires serious attention at

the highest level of the MCD, failing which such officials would also be guilty

of creating difficulties for the local residents, wherever such unauthorised

tehbazarisare permitted.

26. The mandate of the Committee with respect to the steps to be

undertaken in regard of the issues raised, as seen in the terms of reference is

as under:

“Terms of Reference:

(i) The committee shall examine and verify the

authenticity of documents submitted/ relied upon by the

concerned parties claiming Tehbazari/vending right

(ii) Cross check the same with official records of MCD

Identify whether such documents are genuine,

fabricated or not

(iii) Verify whether any authorisation/licence exists in

favour of such parties.

(iv) Submit findings regarding discrepancies, if any.

The committee shall not adjudicate rights but shall

function as a fact finding body.

The committee is authorized to call for records, interact

with concerned officials and conduct field verification,

if required.

The Committee is directed to submit its detailed report

along with recommendation to the undersigned within

21 days from the date of issuance of this order.”

W.P.(C) 2962/2026 & connected matters Page 21 of 22

Clearly, the MCD has not given any term of reference for action to be taken

against the concerned officials.

27. Hence, in furtherance to the terms of reference laid down by the

Committee, the Court further directs that if the Committee comes to such a

finding that certain officials have been involved in unscrupulous activities,

strict action is required to be taken against such officials.

28. Therefore, this Court, while exercising its jurisdiction under Article

226 directs that the additional term of reference of this Committee, i.e. “term

(v)” shall be as under:

v. Details of actions to be taken against erring officials

who may have connived or conspired with the

petitioners, in creation/issuance of these fabricated

documents/licenses to the petitioners.

29. Accordingly, the Committee shall undertake its mandate within a

period of one month and shall place its findings before the Court. The erring

officials shall be named in the said report.

30. Insofar as the Petitioners are concerned, if any of the Petitioners are

found to be validtehbazarilicence holders, upon receiving the report of the

Committee, the Court will then consider the manner in which they need to be

accommodated, including directions for allotment of an alternate site to such

Petitioners, if so required.

31. Until the said report of the Committee is furnished before the Court,

none of the Petitioners shall be permitted to set up or re-install their vends in

the said Timarpur area.

32. In the meantime, PWD is free to carry out its activities to ensure that

the water logging is completely eliminated during the forthcoming rainy

W.P.(C) 2962/2026 & connected matters Page 22 of 22

season. For the said purpose, any cooperation required from the MCD or the

DDA shall also be completely extended to the PWD. After carrying out the

necessary de-silting and clearance of all the manholes and drains in the area,

the road and pavements shall be properly laid, to ensure that there is no water

logging.

33. Thereafter, the report of the PWD shall also be placed on record.

34. All the petitions, along with pending applications, if any, are disposed

of.

35. In addition, the directions given to the SHO, PS Timarpur, in

Paragraph, 14 of the previous order dated 6

th

April, 2026 shall also continue

to operate. The SHO shall do continuous monitoring in the area to ensure that

none of thetehbazariholders are able to set up their stalls or shops in any

manner till further orders of this Court.

36. List for compliance and filing of reports on 22

nd

May, 2026.

PRATHIBA M. SINGH

JUDGE

MADHU JAIN

JUDGE

APRIL 13, 2026/prg/ss