High Court of DelhiW.P.(C)/1102/2026

Indra Fish Market Association v. Dda And ORS.

2026-02-279 pages

$~26 *

IN THE HIGH COURT OF DELHIAT NEW DELHI

+ INDRA FISH MARKET ASSOCIATION .....Petitioner Through:

Mr. Abdul Qadir, Mr. Yadunandan Bansal, Mr. Syed Kashan Ali, Mr.

Shawariya Muzaffar and Ms. Mallika Rani, Advs. (M:9990660275) versus DDA AND ORS.

.....Respondents Through:

Ms.

Beenashaw N.

Soni, Addl.

Standing Counsel, DDA with Ms.

Mansi Jain and Ms. Katyani Malhotra, Advs. (M: 9810046611)

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 13.03.2026 1.

This hearing has been done through hybrid mode. CM APPL.15475/2026 (for modification of order) in W.P.(C) 1102/2026 2.

The present application has been filed by the Petitioner under Section 151 of the Code of Civil Procedure, 1908 seeking modification of the order dated 27th January, 2026.

The Petitioner is a registered welfare association stating to represent 37 fish and vegetable vendors, who are vending at the Indra Fish Market, opposite Bhumme Heen Camp, Sant Guru Ravidas Marg, Kalkaji, New Delhi110019. The list of the members of the Petitioner association is as follows: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The case of the Petitioner association in the present application is that the Respondents are threatening to take coercive action, including eviction/demolition of the sites of the Petitioner association at the Indra Fish Market.

Vide order dated 27th January, 2026, the present writ petition had been disposed of in the following terms:

"[...]

4. In terms of the above order, the Petitioner was permitted to approach the Delhi Development Authority (hereinafter, 'DDA') for allotment of an alternate site for carrying out their vending activity.

5. Pursuant thereto, the Petitioner made a representation dated 9th September, 2025 (hereinafter, 'representation') to DDA regarding allotment of alternative site for vending. Thereafter, Petitioner had filed W.P. (C)14593/2025 seeking directions to the concerned officials of DDA for considering Petitioner's representation and allotment of an alternate site.

6. Subsequently, vide order dated 8th October, 2025 in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

W.P. (C)14593/2025 the Court had directed DDA to decide the representation of the Petitioners within six weeks from the said order.

7. However, the grievance of the Petitioner is that no decision has been taken by DDA. Thus, the Petitioner has preferred the present petition seeking directions to the DDA to decide the Petitioner's representation to take the decision in a time bound manner. Ld. Counsel submits that the members of the Petitioner association are also willing to pay any charges for the alternate site which may be allotted for setting up their vends.

8. Ms. Beenashaw N Soni, ld. Counsel for the DDA submits that the Petitioners are still vending their wares from the old site, in terms of the provisional Certificate of Vending.

It is further submitted that the representation is under consideration before the higher authorities.

9. The Court has considered the matter. In the facts of this case, since the representation is pending for long, let DDA take a decision on Petitioner's representation by 30th April, 2026...."

In terms of the above order, the Court had directed that the representation of the Petitioner association shall be decided by 30th April, 2026, by the Delhi Development Authority (hereinafter, 'DDA'). 7.

On behalf of the Petitioner association, it is submitted by ld. Counsel that there are coercive steps being taken against the members of the Petitioner association.

Ld. Counsel for the Petitioner association also submits that the members of the Petitioner association are not operating any permanent or pakka shops, nor have they erected any permanent structures at the site. It is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

submitted that the members merely set up temporary stalls for the purpose of vending fish or vegetables for a limited duration of approximately two hours in the morning and two hours in the evening.

The Court has heard ld. Counsels for the parties. Considering the fact that the representation of the Petitioner association is to be decided by the DDA, by 30th April, 2026, it is directed that no coercive measures shall be taken against the members of the Petitioner association, as mentioned above. The said direction is being passed subject to the following conditions: (i) The members of the Petitioner association shall not erect any permanent/pukka structures at the site in question; (ii) The members of the Petitioner association are permitted to vend only for a limited duration, from 8:00 am to 10:00 am in the morning and 6:00 pm to 9:00 pm in the evening, and shall strictly adhere to the aforesaid timings.

(iii) They shall maintain cleanliness in and around the vending area and shall ensure that no litter, waste, or garbage is spread or left behind at the site.

(iv) They shall not occupy more than the necessary area of the pavement and shall not occupy any part of the public road. 10.

The DDA shall be at liberty to conduct periodic or surprise inspections at the site to ensure compliance with the aforesaid conditions by the members of the Petitioner association.

11.

Subject to the Petitioner members complying with the aforesaid conditions, no coercive measures shall be taken against them, until the representation is decided by the DDA.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

The application is disposed of in the above terms. No further orders are called for in the matter.

PRATHIBA M. SINGH, J.

MADHU JAIN, J.

MARCH 13, 2026/dk/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.