Right To Livelihood Must Coexist With Residents' Right To Peaceful Living: Delhi High Court Orders Relocation Of Shalimar Bagh Weekly Market
The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to relocate the Monday weekly market operating at BH Block, Shalimar Bagh, holding that while street vendors have a right to livelihood, it must coexist with the residents' right to lead a peaceful life free from severe congestion and inconvenience. [2026 LiveLaw (Del) 700]
A division bench of Justices Prathiba M. Singh and Vikas Mahajan accepted MCD's proposal to shift the market to Kela Godown Road, observing that the new site would adequately accommodate the 300 authorised vendors without causing traffic congestion or obstructing residents' access.
"No resident should be made to undergo so much inconvenience in order to accommodate street vendors that too running a weekly market," the Court observed.
The petition was filed by Residents Welfare Associations of various blocks in Shalimar Bagh seeking removal or relocation of the weekly market, alleging that unauthorised vendors had taken over the area, resulting in severe traffic congestion, obstruction of pedestrian movement, and delays in emergency services.
MCD informed the Court that inspections had revealed multiple violations of the Weekly Market Policy, including oversized stalls, conversion of the temporary market into a semi-permanent one, encroachment onto carriageways, and use of prohibited plastic.
The High Court noted that despite an earlier order permitting the market to continue subject to strict conditions, unauthorised vendors had multiplied and the authorities had failed to enforce the restrictions.
"There may be 300 authorised vendors but the unauthorized vendors are three times more in number... The movement of emergency vehicles, school buses, fire services vehicles, easy ingress and egress to the colony are basic requirements that cannot be ignored by the Court," it observed.
Referring to MCD's policy governing weekly bazaars, the Court noted that such markets cannot block roads or impede access to premises, and must be removed where they create heavy traffic congestion.
"In order to balance the rights of the residents on the one hand for a peaceful living and the rights of authorised street vendors to vend their wares in a manner so as to not cause any inconvenience to the residents”, the Court accepted the proposed site suggested by MCD and directed the body to prepare and verify the list of 300 authorised vendors, carry out KYC verification, allot designated 6x4 feet vending spaces at the new site, and ensure that no encroachment or traffic obstruction occurs.
It further increased the daily vending fee from ₹15 to ₹1,000 per Monday, subject to future modification by the Town Vending Committee, and directed the local SHO to conduct periodic inspections to ensure compliance.
Appearance: Mr. Raghav Sharma, Adv. for Petitioners; Mr. Sumeet Pushkarna, Sr. Adv. with Ms. Puja S. Kalra, Standing Counsel with Mr. Virendra Singh, Mr. Ravinder Singh Rathi, AC (MCD) with Mr. Lalit Singh, AO (MCD), Mr. Manoj Kumar, LI (MCD) and Mr. Varun Sharma, JLO (MCD). Mr. Rajat Wadhwa, Mr. Aberr Shandilya, Mr. Anshika Juneja and Mr. Rajat Shukla, Advs. for Respondents
Case title: RWA v. MCD
Citation: 2026 LiveLaw (Del) 700
Case no.: W.P.(C) 19298/2025