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2026 Supreme(Online)(Del) 16882
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Ashok Kumar Yadav – Appellant
Versus
Municipal Corporation of Delhi – Respondent
W.P.(C) 425/2025 | CM APPLs.3276/2026 | CM APPLs.3379/2026 | CM APPLs.4640/2026 | CM APPLs.6426/2026 | CM APPLs.13426/2026 | CM APPLs.13457/2026
For the Appellants/Petitioners: Ravin Rao, Anuj Arya, Pallav Gupta, Akshit Sawal, Ayan Sharma, Nikhil Rana, Himanshu Sharma, Ayush Kumar, Palak Jerath
For the Respondents: Mukesh Gupta, Raghav Gupta, Madhu Yadav, Devansh, Ravi Goel, Dhananjai Rana, Rajesh Tandon, Shilpa Vitthalrao Bagade, Kumar Arash, Tarveen Singh Nanda, Abhinav Sharma, Ujjwal Jain, Supinder Singh, Somveer, Manish Kaushik
The court held that the Special Task Force (STF) is the specialized agency for addressing unauthorized constructions and encroachments on public land, and directed municipal authorities to maintain 'No-Vending Zones' through continuous drives and heavy fines.
Headnote:(A) Public Spaces - Encroachment - Duty of municipal authorities to ensure footpaths and roads are free from unauthorized vending and construction to maintain the Right of Way and prevent traffic congestion. (Para 5, 23)
(B) Special Task Force (STF) - Jurisdiction - Matters relating to unauthorized construction and encroachment on public land fall within the specialized mandate of the STF; courts exercising jurisdiction under Article 226 should generally relegate such disputes to the STF. (Para 43-49)
(C) Administrative Action - Demarcation - Demarcation of public land is an administrative exercise to be conducted by government and revenue authorities; once the report is submitted, the STF is the appropriate body to direct the removal of encroachments. (Para 40-41, 52
(D))
Issues: Whether the unauthorized constructions and vending on Railway Road, Village Samaypur, should be removed and whether the Special Task Force is the appropriate forum for such adjudication.
JUDGMENT
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner - Shri Ashok Kumar Yadav under Article 226 of the Constitution of India, inter alia, seeking the following prayers:
“a. Direct the Respondent No.1 and 2 to remove the unauthorized and illegal constructions/encroachments on the Railway Road, Village Samaypur, Delhi, connecting the G.T. Karnal Road (National Highway) and the Samaypur Badli Railway Station/Metro Station and ensure that its width of 24 metres as per Government Records is maintained; and/or
b. Direct the Respondent No.1 and 2 to remove the unauthorized and illegal vendors/hawkers laying their fruits/vegetable stalls on Railway Road, Village Samaypur, Delhi, connecting the G.T. Kamal Road (National Highway) and the Samaypur Badli Railway Station/Metro Station; and/or
c. Direct the Respondent No.1, 2 and 3 to restrain the fruits/vegetables vendors/hawkers from setting up unauthorized stalls on Railway Road, Village Samaypur, Delhi, connecting the G.T. Karnal Road (National Highway) and the Samaypur Badli Railway Station/Metro Station; and/or”
Background
3. The Petitioner is a resident of Samaypur Badli, Delhi, and by way of the present petition, he has raised various issues relating to unauthorized and illegal construction, as also encroachment on the Railway Road, Village Samaypur, connecting G.T. Karnal Road with Samaypur Badli Railway Station/Metro Station (hereinafter, ‘the subject road’).
4. The grievance of the Petitioner is also in respect of several vendors and hawkers, who have set up unauthorized stalls on the subject road, leading to enormous congestion in the area. Photographs have been annexed with the petition to show the manner in which congestion has been caused. Some of the photographs are extracted hereinbelow:
Proceedings before the Court
5. The Predecessor Bench of this Court, vide order dated 31st January, 2025, had observed that such street vending is impermissible. The Court had also observed that the Right of Way has to be without any obstructions. The relevant portion of the order dated 31st January 2025 reads:
“[...] 4. The petitioner is essentially aggrieved by the encroachment on the Railway Road, village Samaypur, Delhi, connecting the G.T. Karnal Road (National Highway) and the Samaypur Badli Railway Station/Metro Station. The petitioner has also with this petition annexed photographs indicating that pavement has been completely usurped by street vendors thereby compelling the pedestrians to use the road leading to congestion on the given stretch of the road.
5. It is not disputed that street vending in such a manner is impermissible and street vendors are required to ensure that the Right of Way (ROW) is not obstructed in any manner.
6. Ms. Soni, the learned counsel appearing for the MCD states that regular drives are undertaken to remove the street vendors, however, removing them on a day-to-day basis is required to be done by the concerned police authorities. She seeks time to file a status report.”
6. Accordingly, replies were called from various authorities.
7. The perpetual grievance in the said area near Samaypur Badli railway station (hereinafter, ‘the site in question’) appears to be both due to unauthorized vending and encroachments by vendors, as well as, from unauthorized constructions. Considering the same, this Court, on 11th March, 2025, had passed the following directions.
“[...] 9. This Court is aware of the persistent menace of unauthorized encroachments and illegal vending, particularly in public spaces and along major roads. Unauthorized vendors, operating without valid licenses, not only obstruct the free flow of traffic but also cause significant inconvenience to pedestrians and commuters. Their activities often result in the accumulation of waste, unsanitary conditions, and environmental degradation, posing serious public health hazards. Furthermore, such encroa
