Primary sources · Judgment
NEGPAL Vs MUNICIPAL CORPORATION OF DELHI AND ORS.
W.P.(C) 11267/2026 Page 1 of 6
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12th August, 2026
Uploaded on: 13th August, 2026
# CNR No. DLHC010362342026
+ W.P.(C) 11267/2026
NEGPAL .....Petitioner
Through: Mr. Sanjay Baniwal and Ms. Manisha,
Advs.
versus
MUNICIPAL CORPORATION OF DELHI
AND ORS. ....Respondents
Through: Ms. Meherunnisa A. Jaitley, Mr.
Aryan Tyagi & Mr. Jaskeerat Singh,
Advs. for MCD.
Mr. Sushil Kumar Pandey, SPC with
Mr. Kartik Sharma, GP, Mr.
Srikrishna Kumar Yadav, Ms. Ragini
Kumari, Mr. Aman Kumar Pandey,
Mr. Pradip Sharma, Advs. for UOI.
(M:9873588234)
Mr. Reshesh Mani Tripathi, Senior
Panel Counsel for R-2 & 3. (M:
9310350656)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner under Article 226
of the Constitution of India, inter alia, seeking directions to the MCD to
conduct the survey of the Petitioner, and to not disturb the vending activities
W.P.(C) 11267/2026 Page 2 of 6
of the Petitioner, till the time he is permitted to participate in the survey.
3. The Petitioner claims to be vending outside the R.K. Puram, Sector-12,
Near CNG Pump, Right Side, Service Lane and further claims that he has
been vending from the said site since 2022. In this regard, copies of challans
issued in 2022 have been placed on record.
4. The photograph of the vending cart of the Petitioner has also been
placed on record and the same is extracted herein below:
5. The case of the Petitioner is that he did not participate in the survey,
which was conducted last year by the MCD. Accordingly, it is prayed that the
Petitioner be permitted to be included in the survey.
6. Ms. Meherunnisa A. Jaitley, ld. Counsel appearing for the MCD
W.P.(C) 11267/2026 Page 3 of 6
submits that the survey is already concluded, and the election for TVC-II has
also been concluded. Thus, it is submitted that, at this stage, the Petitioner
cannot be included in any survey.
7. Further, ld. Counsel for the MCD has placed on record certain
photographs showing the manner in which the Petitioner has occupied a
substantial portion of the pedestrian footpath near the CNG petrol pump,
which is situated around the corner from where the cart is put up by the
Petitioner.
8. The said photographs are extracted below:
W.P.(C) 11267/2026 Page 4 of 6
W.P.(C) 11267/2026 Page 5 of 6
9. The Court has considered the matter and perused the records. A perusal
of the photographs placed by the MCD would show that the Petitioner is using
2-3 gas cylinders, occupying the space behind the grill at the park, and causing
congestion on the footpath near the petrol pump.
W.P.(C) 11267/2026 Page 6 of 6
10. The Petitioner cannot be permitted to vend in this manner. The MCD
shall take appropriate action against the Petitioner, in accordance with law.
11. Further, the survey which has been concluded also cannot be reopened,
at this stage for the Petitioner.
12. However, it is clarified that, if any future survey is conducted, the
Petitioner shall be permitted to participate in the same in accordance with law.
13. The Petitioner’s case may be considered by the TVC-II at the relevant
point in time, if so required.
14. The above is without prejudice to rights and contentions of either of the
parties.
15. The Court has not examined the merits and the genuinity of the
challans, which have been placed on record.
16. It is made clear that, since the Petitioner does not have a Certificate of
Vending to vend in the area, and has also not participated in the survey, the
Petitioner’s continued vending shall be subject to the decision of the TVC-II.
17. The petition is disposed of in the above terms. Pending applications, if
any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
AUGUST 12, 2026/dk/sm