1. Petitioners, heirs of a license holder, sought inclusion in a tehbazari survey and transfer of the license for vending. (Para 2 , 4 , 5 , 8 )
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2026 Supreme(Online)(Del) 22093
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Dinesh Bhatt, JJ
Durga – Appellant
Versus
New Delhi Municipal Council – Respondent
W.P.(C) 14448/2026|CM APPL. 67750/2026|CM APPL. 67751/2026
Advocates:
For the Appellants/Petitioners: Kirti Uppal, Shaini Bharadwaj, Avichal Mishra, Rukhsar, Vedic Thukral, Pratham Diwakar, Kiran Kalra Uppal, Tanuja
For the Respondents: Sriharsha Peechara, Aditya Bharat Manubarwala, Soumit Ganguli, Ravicha Sharma, Akash Sharma, Tanishka Grover, Charvi Virmani, Shaila Arora, Vaishali Gupta, Aanchal Rajput
For the Appellants/Petitioners: Kirti Uppal, Shaini Bharadwaj, Avichal Mishra, Rukhsar, Vedic Thukral, Pratham Diwakar, Kiran Kalra Uppal, Tanuja
For the Respondents: Sriharsha Peechara, Aditya Bharat Manubarwala, Soumit Ganguli, Ravicha Sharma, Akash Sharma, Tanishka Grover, Charvi Virmani, Shaila Arora, Vaishali Gupta, Aanchal Rajput
Legal heirs of a tehbazari license holder are entitled to continue the vending activity and have the license transferred to them, subject to verification of documents and adherence to the allotted site's terms and conditions.
Headnote:(A) Vending License - Transfer to Heirs - Legal heirs of a license holder cannot be arbitrarily deprived of the enjoyment of a tehbazari license, provided they adhere to the conditions of the allotment. (Para 16)
(B) Vending License - Change of Trade - Change from one non-license trade to another non-license trade (not in the negative list) does not require specific permission, only intimation to the Director Estate, NDMC. (Para 9)
(C) Administrative Procedure - Survey Inclusion - Where a vendor is excluded from a survey, the authority may be directed to verify documents and include the eligible heir in the survey list to facilitate the issuance of a vending certificate. (Para 17)
Issues: Whether the petitioners, as legal heirs, are entitled to the transfer of the vending license and inclusion in the NDMC survey.
Result: Petition disposed of with directions for verification and inclusion.
Legal Category Hierarchy
Table of Contents
2. Petitioners argued the license should be transferred as heirs under a circular on trade changes. NDMC noted the survey was completed. (Para 9 , 10 , 11 )
3. Court observed that while the vend appeared larger than licensed, petitioners should not be deprived of the license if adhering to conditions. (Para 14 , 16 )
4. Old tehbazari heirs cannot be deprived of the license so long as they adhere to the conditions of vending. (Para 16 )
5. Court directed NDMC to verify documents and include petitioner's name in the survey list, permitting vending at the allotted size. (Para 17 , 19 , 20 )
6. Can heirs of a deceased tehbazari license holder be included in a survey for the license?
Yes, upon verification of genuine documents, the name of the eldest daughter should be added in the survey list to transfer the license. (Para 16 , 17 )
7. Can the category of trade under a tehbazari license be changed without specific permission?
Yes, under the relevant circular, a change from one non-license trade to another non-license trade not in the negative list does not require specific permission. (Para 9 , 18 )
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioners under Article 226 of the Constitution of India, inter alia, seeking directions to the New Delhi Municipal Council (hereinafter, ‘NDMC’) and the Town Vending Committee (hereinafter, ‘TVC’) to include the Petitioners in the survey carried out by the NDMC as also to verify Petitioner’s claim in respect of Mochi Thara being MT-07, near Rivoli Cinema, Connaught Place, New Delhi, measuring 3x3 ft (hereinafter, ‘subject site’).
3. The background of the present case is that, the present petition has been filed by Smt. Durga, Smt. Tanuja and Smt. Yashodha Rani, who are three surviving daughters of late Smt. Vidhya Wati.
4. The father of the Petitioners i.e., late Shri Deep Chand was allotted the subject site vide communication dated 18th November, 1981, for carrying out the vocation of Mochi/shoe-shining.
5. Thereafter, Petitioners’ father is stated to have passed away on 8th November, 1984, and, subsequently, Smt. Vidyawati is stated to have continued as a vendor selling readymade garments, from the subject site.
6. The site was also transferred in the name of Petitioners’ mother vide order dated 17th January, 2014 issued by the NDMC. However, she also passed away on 21st June, 2021, and the Petitioners applied for transfer/mutation of the subject site in their name. The said transfer application is stated to be pending.
7. The further case of the Petitioners is that on 16th September, 2026, the officials of the NDMC visited the subject site, and restrained the Petitioners from carrying on the vending activities.
8. Hence, the present petition, praying that the Petitioners may be included in the survey being carried out by the NDMC as also that they be given recognition, so that the transfer of licence of the subject site can be made in favour of the Petitioners.
9. Mr. Kirti Uppal, ld. Senior Counsel appearing for the Petitioners submits that in terms of the circular dated 16th August, 2016, bearing No. D-1043/SO(Estate-I)/2016, when there is change from non-license trade to non- licence trade activities, the same does not require any specific permission. In this regard, reliance is placed upon Clause 4 (iii) of the said circular. The said Clause is extracted below:
Clause 4. Change of Trade xxxx (iii) For (a) change from ‘licence trade’ to ‘non-licence trade which is not in the negative list’, or (b) change from ‘non-licence trade’ to ‘non-licence trade which is not in the negative list’, or (c) grouping of non-licence trades which are not in the negative list, permission from NDMC will not be required, and an intimation, without any fee/increase in licence fee, to the Director Estate, NDMC shall be sufficient for the same.
10. It is also the case of the Petitioners that they have made a detailed representation dated 18th September, 2026 to the NDMC seeking protection from removal from the subject site, for the inclusion of their name in the ongoing survey of the tehbazari holders as also for transfer of vocation to ready-made garments, which was the vocation being carried out by their mother.
11. Mr. Ganguli, ld. Counsel for the NDMC submits that the survey in the area near the subject site was conducted from 27th July, 2026 to 10th September, 2026, and the said survey has already been completed.
12. Heard. The photographs which has been placed on record by the Petitioners are extracted below:-
13. The Petitioners are seeking transfer of the subject site in their name, on the basis that they are the surviving heirs of their parents.
14. A perusal of the photographs placed on record by the Petitioners would reveal the following:
(i) That the Petitioners are running a ready-made garments vend;
(ii) The size of the vend appears to be much larger than the licensed space allotted to the Petitioner, i.e., 3 × 3;
15. There are several challans which have been placed on record, issued in the name of the Petitioners’ father, mot
