* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on 16th September, 2025

Pronounced on: 10th November, 2025

+ W.P.(CRL) 795/2018

DELHI DEVELOPMENT AUTHORITY

THROUGH SH. KARAMVIR SINGH NARWAL

CENTRAL NURSERY, SECTOR-5,

DWARKA, NEW DELHI. .....Petitioner

Through: Mr. Anish Dhingra, Advocate.

versus

1. RAGHAV PASWAN

S/O SH. KHYALI PASWAN,

R-29, GALI NO. 80,

MAHAVIR ENCLAVE-3, NEW DELHI

2. NATIONAL COMMISSION FOR

SCHEDULED CASTES

5th FLOOR LOKNAYAK BHAWAN

KHAN MARKET, NEW DELHI. .....Respondents

Through: Mr. T. P. Singh, Sr. Central Govt. Counsel for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) has been filed on behalf of the Petitioner DDA against the Respondents for setting aside Order dated 05.01.2018 passed by Dr. Yogender Paswan, Member, National Commission for Scheduled Caste (‘NCSC’) under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) in Case No.DELHI/290/2017-APCR titled as Raghav Paswan vs. Delhi Development Authority, directing the registration of FIR against the officials of Petitioner DDA and also for restoration of permission to Respondent No.1 Raghav Paswan to squat in Central Market, Sector 6, Dwarka, Delhi.

2. Briefly stated, Petitioner has submitted that in the year 2015 it started taking action for eviction of vendors and hawkers from Central Market, Sector-6, Dwarka. A Writ Petition was filed by the Society representing Respondent No.1 and such other vendors seeking right to vending, but the same was dismissed by this Court on 02.10.2015. On 16.02.2017, LPA filed by the Society representing Respondent No.1 was also dismissed. While dismissing the LPA, this Court directed the Petitioner DDA and the MCD to take all possible steps for removal of all vendors and hawkers including Respondent No.1.

3. On 12.05.2017, this Court while dealing with the Contempt Petition, once again directed the Petitioner DDA and MCD to take all possible steps for removal of all vendors and hawkers including Respondent No.1.

4. Thereafter, Respondent No.1 filed a Writ Petition claiming his right to do vending activities in Sector-6, Dwarka Market, which was dismissed by this Court on 01.09.2017, upholding the Order of Eviction passed by this Court. On 15.09.2017, directions were again issued to the Petitioner for removal as per law.

5. On 09.10.2017, Notice for hearing was issued by Authorized Officer of the Petitioner and hearing was conducted on 12.10.2017, but Respondent No.1 failed to join the same. Second Notice dated 03.11.2017 and third Notice dated 08.11.2017 were issued, which also met the same fate.

6. On 07.11.2017, Petitioner issued Complaint Letters to PS Dwarka informing that Respondent No.1 is not letting them discharge their duties and threatening that he will institute a case against them under SC-ST Act for caste abuse. Thereafter, a Notice was received by Petitioner on 15.11.2017 from NCSC along with the Complaint filed by Respondent No.1 under SC-ST Act, against the Officer of the Petitioner DDA on the allegations of caste abuse directed at Respondent No.1.

7. On 16.11.2017, the Competent Authority/DDA cancelled the hawking and vending permission granted to Respondent No.1 and directed him to vacate the area occupied by him. On 22.11.2017, Petitioner requested the DCP Dwarka to provide force for eviction of Respondent No.1 from the area of Dwarka Sector-6 Market.

8. The detailed Reply was filed on 23.11.2017 by Petitioner before the NCSC informing that the Complaint is false and the Petitioner is discharging its duties and obeying directions passed by the Court in Writ, LPA and Contempt proceedings.

9. During the hearing, it was also informed that Respondent No.1 had b