Delhi High Court Directs MCD To Clear Hawkers From Anand Vihar ISBT, Orders Beautification Plan

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to remove all hawkers and vendors from the congested area around the Anand Vihar ISBT, while permitting only 105 vendors, who were found eligible to vend through mobile carts and without any permanent structures.A Division Bench of Justice Prathiba M. Singh and Justice Madhu Jain said that the hawkers had created permanent vends and had put up their outlet-like small shops, covering large areas including, pedestrian pathways.Observing that the congestion in the Anand Vihar Bus Stand area deserves to be removed, the Court said that the 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.The Court was hearing a petition filed by the Mahila Hawker Welfare Association, which had sought protection for its members vending near the Anand Vihar Bus Stand. Interim protection had earlier been granted in 2016 to certain vendors against coercive action, subject to conditions, including that no hawking would be allowed on foot overbridges, roads or footpaths. Over the years, the said restrictions were reiterated and clarified by way of various judicial orders. The MCD informed the Court that a TVC survey had now been completed and only 105 vendors were found eligible and issued provisional Certificates of Vending (COVs). Deciding the matter finally, the Court said that there ought to be free space for movement of the public, while adding that beautification and development of the area is also required, so that the passengers and tourists can enjoy a comfortable experience while visiting a bus stand or the nearby railway station.The Court observed that the manner in which hawking was being done was completely impermissible as it also encroached upon the area created for easy movement of the public.It said that the entire area deserves to be properly re-planned, laid out, landscaped and tiled, and some shops, cafes, resting areas, sanitation facilities, etc., ought to be created for the passengers in a manner so as to not impede their free movement.“Under these circumstances, the present position cannot continue. The hawkers deserve to be removed and only the 105 hawkers, as recognized during the survey, should be permitted to use mobile vends for selling their wares in an allocated manner. No permanent structure can be allowed to be created by the 105 recognized vendors as well,” the Court said. The Bench directed MCD to take steps to remove all the vendors while giving adequate time of at least five to six days for the vendors to remove their wares. “No person shall obstruct or create any impediment in the removal of these vends. After the said removal, the recognised vendors shall be permitted to approach the Assistant Commissioner, MCD, who shall then guide the 105 recognised vendors as to the manner in which they can put up their carts and vends in the area, in compliance with the conditions enumerated in the provisional COVs issued to them,” the Court said. It further directed the MCD to also prepare, with the help of an architect, a proper plan for beautification of the area and for allocation of proper spaces for eating outlets, sanitation facilities and for some shops. “Additionally, it is directed that if there are any other vendors who participated in the survey conducted by TVC and were found eligible in terms of the said survey shall be permitted to vend their wares, only if the provisional COVs have been issued to them by the TVC,” the Court said. Title: MAHILA HAWKER WELFARE ASSOCIATION v. DISTRICT MAGISTRATE, SHAHDRA & ORSCitation: 2026 LiveLaw (Del) 107Click here to read order

Delhi High Court Directs MCD To Clear Hawkers From Anand Vihar ISBT, Orders Beautification Plan

Nupur Thapliyal

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