Delhi High Court: In a writ petition instituted by the Mahila Hawker Welfare Association seeking directions to permit its members to vend peacefully near the Anand Vihar Bus Stand, a Division Bench of Prathiba M. Singh* and Madhu Jain, JJ., disposed of the petition and held that public convenience, traffic flow and urban planning considerations justify removal of encroachments, with only regulated mobile vending permitted for surveyed and recognized vendors. The Court further held that street vendors holding provisional Certificates of Vending do not acquire a right to erect permanent structures or to obstruct public roads and footpaths.
In the instant matter the petitioner provided a list of 114 vendors, members of the National Hawkers Federation and claimed that they had been squatting in the area for several years and ought not to be disturbed from their respective vending spots.
The Court issued notice on 10-06-2016 and passed an interim order restraining the Municipal Corporation from taking coercive steps against the members mentioned in the list. However, the Court clarified that “the interim protection shall not be available on the foot over bridge and shall be only available only to the street-vendors.” This restriction was reiterated by subsequent orders dated 03-08-2016 and 31-01-2017.
Meanwhile, a Division Bench in Court on its own motion (Air Pollution in Delhi) v. Union of India had directed that roads in the area be repaired and kept free from encroachments. The Municipal Corporation sought recall of the interim protection on the ground that it was unable to comply with the Division Bench directions. The Court clarified that the protection would not extend to vendors squatting on the “60 feet road, 26 feet service road, 5 feet footpath or 6 feet footpath or the foot over bridge.”
Subsequently, another association claimed protection for 126 vendors, out of whom 72 produced challans showing long-standing vending. Similar interim protection was granted to them, subject to the same restrictions.
The matter remained pending and was taken up in January 2026 when it was informed that the Town Vending Committee (TVC) had conducted a survey in terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The survey revealed that only 105 vendors were eligible and had been issued provisional Certificates of Vending (COVs).
The Court took note of the vital public character of the Anand Vihar area and stated that the ISBT “renders an extremely crucial essential service area for passengers,” with lakhs of daily users and connectivity with railways and metro services. The Court stated that the photographs clearly showed that the hawkers were no longer mobile vendors but had created permanent vends in violation of the conditions of the provisional COVs.
The Court held that the provisional COVs specifically prohibited permanent structures and required vendors to remain mobile. The Court also referred to the municipal policy defining “non-hawking areas,” which included main roads and VIP roads, and held that the present manner of vending was “completely impermissible” as it encroached upon public pathways.
The Court asserted that “the congestion in the Anand Vihar Bus Stand area deserves to be removed” and that the area must be re-planned and beautified to ensure free movement of the public. The Court emphasised the need for service roads, sanitation facilities and regulated vending in an organized manner.
“MCD ought to be permitted to beautify the area, by creating a service road where passengers who come in three-wheelers, cabs, auto rickshaws or other transports can easily alight, before entering the railway station or bus stand.”
Disposing of the petition, the Court issued the following directions
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All vendors were to be removed from the area, except the 105 vendors recognised in the TVC survey.
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Even the recognised vendors would be permitted only to use mobile vends, and “no permanent structure can be allowed to be created.”
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The Municipal Corporation, with police assistance, was granted time till 30-01-2026 to inform vendors, and removal was to commence from the weekend beginning 31-01-2026.
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After removal, recognized vendors could approach the Assistant Commissioner for guidance regarding compliant placement of carts and vends.
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The Municipal Corporation was directed to prepare an architectural plan for beautification of the area, including space for sanitation facilities, shops and eating outlets, and to place the plan before the Court by 10 March 2026.
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All earlier interim orders stood modified, and “except for the 105 hawkers recognized during the survey, no other vendor shall be permitted to vend in this area.”
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The matter is listed for next date of hearing on 30-03-2026.
[Mahila Hawker Welfare Assn. v. District Magistrate, Shahdra, W.P.(C) 5617/2016, Decided on 22-01-2026]
*Judgment by Justice Prathiba M. Singh
Advocates who appeared in this case:
Mr. Kamlesh Kr Mishra, Mr. Swagata Gupta, Ms. Renu, Ms. Kavita & Ms. Mansi, Counsel for the Petitioner
Ms Avni Singh, Panel Counsel GNCTD with Ms. Vaibhav Sharma,Adv. Mr. Rajan Tyagi, Standing Counsel with Ms. Vijeta Mukherjee and Samar Partap Singh Advs. and Sudershan Kumar, AO from MCD, Counsel for the Respondent