The Court balanced the residents' concerns regarding public nuisance and traffic with the vendors' livelihood, allowing the market to continue under strict regulatory conditions when no feasible alternate site could be identified by the municipal authority.

Prathiba M. Singh, J.

(Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed under Article 226 of the Constitution of India on behalf of the residents of Double Storey New Rajinder Nagar Resident Welfare Association, New Delhi, inter alia, seeking directions to the Respondent to remove the unauthorized vendors in the weekly bazar in New Rajinder Nagar.

3. After having seen the photographs, etc., vide order dated 24th February, 2026, this Court directed as under:

“4. Let the Assistant Commissioner, MCD, meet five representatives of the Petitioners, i.e. the residents and five representatives of the vendors of the weekly market, and attempt to arrive at a solution. If no solution is arrived at, the Court shall pass appropriate directions.

5. The meeting shall be held on 26th February, 2026 at 11.30 am.

6. If further meetings are required to be held, the same may be held by the Assistant Commissioner, MCD.

7. List before the Court for filing of the status report with respect to the meetings, as directed, on 18th May, 2026.”

4. On 20th July, 2026, an application was filed by the Petitioners seeking directions to the Municipal Corporation of Delhi (hereinafter, ‘MCD’) to file the Feasibility report.

5. The MCD has now filed a detailed status report along with photographs. The relevant portion of the said status report as also the photographs placed on record by the MCD read as under:

“3. That it is submitted that the Hon’ble High Court of Delhi on 24.02.2026 directed to held a meeting with the representatives of petitioners and representatives vendors of weekly market. In compliance of directions, the meeting was held on 26.02.2026 by office of Assistant Commissioner, Karol Bagh Zone, MCD with the representatives of RWA and weekly market vendors. In the said meeting it was mutually decided that "the weekly market shall continue to function at the present location for the time being and the weekly market association will ensure that vendors will limit themselves in disciplined manner within the earmarked area for each vendors so that inconvenience to the residents are avoided. They assured the same. The assistant Commissioner assured the residents as well as they vendors that the weekly market to the alternate site preferably the DDA Market, as suggested by the RWA representative, shall be examined in-consultation with the concerned departments and stakeholders. The said examination shall include feasibility, availability of space, impact on residents/RWAs, and livelihood considerations of the vendors." Copy of minutes of meeting dated 09.03.2026 is annexed herewith as Annexure-A.

4. That thereafter, the Hon’ble Court vide order dated 20.07.2026 directed the Respondent/MCD to file the feasibility report with respect to the weekly market. In compliance of the directions of the Hon’ble High Court of Delhi, the Respondent/MCD has inspected the site to examine the viability of shifting the weekly market to alternate site preferably at DDA Market on 07.08.2026. During inspection, it has been noticed that the gate was installed at the site no. 21, Geeta Mandir Marg, New Rajinder Nagar, Delhi which was opposite to the present location of the weekly market. It is further submitted that RWA of Site No. 21 has refused to open the gate and give access to the weekly market vendors. During inspection on 07.08.2026, it has also been noticed that at the alternate site i.e. DDA Market, there were water logging issue at the site and due to which the shifting of the present weekly market to the said alternate site is not feasible.

5. That it is further submitted that the site again inspected by the Assistant Commissioner, Karol Bagh Zone, MCD on 10.08.2026. During inspection, the RWA of DDA Shopkeeper Association, E-1 and E-2, Local Shopping Centre, Plot No. 2-4-20, MOR Land, New Rajinder Nagar, Delhi and RWA of Site No. 21, Geetan Mandir Marg, New Rajinder Nagar have also present at the site and both the RWAs w