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Sonia vs. New Delhi Municipal Council

Writ Petition (Civil) · 2026:DHC:8202-DBDecided 21 Sept 2026New Delhi Bench
W.P.(C) 9010/2026CNR: DLHC010288132026
Justice Prathiba M. Singh · Justice Dinesh Bhatt

Background

The petitioner's father held a "Tehbazari" (licensed roadside vending) site near Gurudwara Bangla Sahib, New Delhi, until his death in 1999; she claims to have run the stall ever since as his daughter and sole surviving heir. NDMC had completed a fresh vendor survey in 2025 but found her documentation insufficient to grant her a provisional Certificate of Vending, and her 2022 application to formally transfer the site into her name remained pending.

Decision Breakdown

The Court noted the petitioner had genuinely participated in the survey and that her heirship claim was still awaiting consideration by the Town Vending Committee, which was yet to be properly constituted. It directed that the pending transfer/certificate request be decided by the Committee within three months of its constitution, and in the meantime allowed the petitioner to continue vending, subject to standard vendor conditions, including keeping her stall within the standard 6x4 feet size and furnishing complete documentation, including no-objections from any other legal heirs, within one month.

Lesson Learnt

A family member who has informally continued a deceased relative's licensed street-vending livelihood for years can get interim court protection while formal succession is processed, but must still comply with standard municipal vending rules like size limits and documentation.

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