Pradeep Kumar Wadhwa v. New Delhi Municipal Council & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9002/2025 PRADEEP KUMAR WADHWA .....Petitioner Through:

Mr. Prashant Katara, Mr. Soin Khan, Ms. Sakshi Jain and Mr. R.P.Singh, Advocates.

versus NEW DELHI MUNICIPAL COUNCIL & ANR.

.....Respondents Through:

Mr. Mananjay Mishra and Mr. Bhanu Raj, Advocates for R/NDMC.

Mr. Niraj Kumar, Sr. Central Govt Counsel with Mr. Chaitanya Kumar, Advs. & Mr. Ajay Kumar Singh, ASI PS-Sarojini Nagar for Respondent No.

02/Delhi Police.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 04.07.2025 1.

This hearing has been done through hybrid mode. CM APPL. 38391/2025 (exemption) 2.

Allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 9002/2025 & CM APPL. 38390/2025 3.

The present petition has been filed by the Petitioner-Mr. Pradeep Kumar Wadhwa under Article 226 of the Constitution of India. The Petitioner's case is that he is one of the shopkeepers in Shop No.17, Sarojini Nagar Market, New Delhi under the name "Chache Di Hatti Pvt. Ltd.". It is his grievance that presently, the New Delhi Municipal Council (hereinafter 'NDMC') is conducting survey in the Sarojini Nagar Market despite parts of the area being non-vending zones. The apprehension is that if the survey is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2025 at 12:06:07

conducted, the vendors would be able to claim vending sites within no vending zones of Sarojini Nagar, on the ground of legitimate expectation. Secondly, it is submitted that shopkeepers ought to be permitted to participate in the surveys, so that all the facts on the ground can be informed to the concerned Town Vending Committee (hereinafter 'TVC'). Finally, it is submitted that the Petitioner had given a representation which may be considered by the NDMC.

4.

Answering to the Petitioner's submission, Mr. Mananjay Mishra, ld. Counsel for Respondent-NDMC submits that two shopkeepers are already there as part of the TVC and that would be adequate compliance. 5.

The Court has considered the matter. The survey conducted by the TVC has various pre-requisites which need not be elaborated here in this petition. The question as to whether the vendors would be granted vending sites after completion of the survey, that too in no-vending zones, cannot be gone into at this stage. The interdiction of the survey or restraint against the survey cannot be granted as the survey is already underway. Secondly, insofar as the participation of shopkeepers is concerned, the same is permitted.

Accordingly, NDMC shall ensure that at least two representatives/shopkeepers, if not already involved, are included in the survey process.

6.

The petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.

7.

No further orders are called for.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

JULY 4, 2025/2v/Ar.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/07/2025 at 12:06:07