Delhi High Court on Removal of Alleged Unauthorized Shop and Right to Teh Bazari Licence.

The Delhi High Court dismissed a petition seeking restoration of a demolished shop in Najafgarh, holding that disputed questions of ownership and encroachment cannot be adjudicated in writ jurisdiction. The Court observed that the petitioner, who was not a Teh Bazari licensee, could approach the Town Vending Committee (TVC) for consideration of a vending licence. The MCD’s removal action was found to be pursuant to earlier court directions to clear encroachments from public land.

• The petitioner, Shanta Devi, sought directions to restore her demolished shop (Shop No. 27, Khasra No. 52, Village Najafgarh, Delhi-110043).

• The demolition was carried out by the Municipal Corporation of Delhi (MCD) pursuant to the Delhi High Court’s order dated 26.10.2021 in CONT.CAS(C) 343/2020, which required removal of encroachments from a PWD-maintained road.

• MCD stated that only 26 shopkeepers at “Veer Bhagat Singh Market” had valid Teh Bazari licences granted in 1969; the petitioner was not among them and was treated as an unauthorized occupant.

• The petitioner claimed to have purchased the shop via a registered sale deed dated 20.07.2021 and argued her possession was lawful.

• On 23.04.2025, the Court directed MCD to file records of licensed shopkeepers and to indicate whether the petitioner could be accommodated through a vending licence.

• The MCD had consistently maintained that only 26 shops were officially allotted Teh Bazari rights in 1969; the petitioner’s shop was not among them.

• The Court noted that determining ownership or encroachment status involved disputed facts not suitable for adjudication in writ proceedings.

• The Court held that the proper remedy for the petitioner was to pursue her claim of ownership through appropriate legal proceedings.

• The petitioner was granted liberty to apply before the Town Vending Committee (TVC) of the Najafgarh Zone with supporting documents for consideration of a Teh Bazari licence.

• The TVC was directed to examine her documents and consider her case on merits, including during the area’s vending survey.

• The Court further directed that her absence at the site during survey should not disqualify her, given that her shop had already been removed by MCD.

• However, the petitioner cannot claim rights to two vending sites simultaneously.

• Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 – Rights and regulation of street vendors; constitution and function of Town Vending Committees.

• Delhi Municipal Corporation Act, 1957 – Powers of MCD to regulate encroachments and issue Teh Bazari licences.

• Article 226, Constitution of India – Writ jurisdiction of High Courts.

• The writ petition was disposed of with liberty to the petitioner to:

1. Establish ownership rights through proper legal proceedings; and
2. Apply before the TVC for a vending licence.
3. • No order for restoration of the demolished shop was granted.

Case: Shanta Devi v. South MCD & Ors.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Ms. Justice Mini Pushkarna

Date of Decision: 28 October 2025

Writ Petition (Civil) No.: 739 of 202