Court affirms prior rulings declaring Nehru Place as `No-hawking' and `No-vending' zone but mandates relocation of 90 authorized street vendors to Site `X' to protect livelihoods in line with Street Vendors Act, 2014
In a landmark judgment dated September 28, 2026, the Delhi High Court (Division Bench comprising Justices Prathiba M. Singh and Dinesh Bhatt) reaffirmed the status of Nehru Place District Centre as a `No-hawking zone' and `No-vending zone', upholding earlier rulings by the High Court and the Supreme Court. The decision comes amidst a long-standing and contentious battle between street vendors seeking to vend in the busy commercial hub and municipal authorities citing public safety and urban order concerns.
The judgment consolidates multiple petitions involving recognized street vendors and associations, including the Federation of Nehru Place Associations and Manushi Sangathan, and addresses crucial issues of livelihood protection, urban safety, and regulatory compliance under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter `Street Vendors Act').
Background and Prior Rulings:
The Nehru Place area has been a hotspot for street vending disputes for over a decade. Earlier judgments, notably the 2009 Division Bench decision in Manushi Sangathan v. Delhi Development Authority & Ors., permitted 67 vendors to vend under a pilot project and mandated the Delhi Development Authority (DDA) to consider declaring the area a no-hawking zone only after consultation with the Ward Vending Committee, in line with Supreme Court directions.
Subsequent decisions including Bachchu Singh v. South Delhi Municipal Corporation (2017) and Federation of Nehru Place Association v. SDMC (2018) declared the entire Nehru Place District Centre as a `No-hawking' and `No-vending' zone. These were upheld by the Supreme Court through dismissal of Special Leave Petitions, including the key Manushi Sangathan case in 2022, thereby making the no-hawking/no-vending declaration binding.
Public Safety and Urban Order Concerns:
The Court took suo moto cognizance of a fire incident reported at Nehru Place in 2021, noting serious access issues faced by fire tenders and ambulances due to congestion caused by hawkers and vendors. A mock fire drill conducted under court direction revealed critical hindrances to emergency services. Following recommendations by the Delhi Fire Service, the Court emphasized the necessity of a hawker-free zone to ensure public safety and ordered authorities to clear all unauthorized vending encroachments.
Protection of Recognized Vendors:
While endorsing the no-vending status, the Court was mindful of the livelihood concerns of recognized street vendors protected under the Street Vendors Act. The Act mandates that no street vendor shall be evicted or relocated until a survey is completed and certificates of vending are issued by the Town Vending Committee (TVC).
Acknowledging the near constitution of TVC-II for Nehru Place, the Court directed that 90 recognized vendors-those named in affidavits filed before the Supreme Court and protected by earlier orders-be relocated by October 12, 2026, to a designated vending site referred to as `Site X'. This relocation is interim and subject to final decisions on vending rights and certificates by TVC-II within two months of its constitution.
The Court also permitted other recognized vendors to make representations to the Assistant Commissioner, Municipal Corporation of Delhi (MCD), for consideration under the Act, thereby ensuring procedural fairness and compliance with statutory protections.
Implementation and Enforcement:
Post October 12, 2026, the MCD is authorized to remove unauthorized vendors from Nehru Place. The Delhi Police have been directed to provide full cooperation to municipal authorities in enforcing this order. After removal of unauthorized hawkers, the Delhi Fire Service is to conduct follow-up inspections and report compliance.
Significance of the Judgment:
This judgment strikes a balance between enforcing urban safety regulations and protecting the fundamental right of street vendors to livelihood under the Street Vendors Act, 2014. It underscores the legal mandate that while certain areas may be declared no-vending zones to serve public interest, recognized vendors cannot be arbitrarily evicted without lawful procedures and provision of alternative vending spaces.
The Court's reliance on the Supreme Court's recent decision in Malkit Singh v. State of U.T. Chandigarh (2026) highlights the evolving jurisprudence emphasizing fair and responsible relocation practices that minimize disruption to vendors' livelihoods.
The decision also clarifies the limits of earlier committee lists (Thareja and Chopra Committees) and old policies, affirming that the 2014 Act's broad definition of street vendors and protections apply until formal vending certificates are issued.
Summary:
- Nehru Place District Centre is confirmed as a `No-hawking' and `No-vending' zone.
- 90 recognized street vendors granted interim permission to vend at Site X till TVC-II's final decision.
- Unauthorized vendors to be removed by MCD with Delhi Police support post October 12, 2026.
- Delhi Fire Service to ensure public safety compliance through inspections and recommendations.
- Vendors not yet recognized but included in Supreme Court affidavits can apply for vending rights.
The Court disposed of all pending petitions with these directions, emphasizing the need for orderly urban management without undermining lawful street vending rights.
Bottom Line:
Street Vendors - Nehru Place District Centre - Earlier declaration of Nehru Place as 'No-hawking zone' and 'No-vending zone' held binding - However, keeping in view Street Vendors Act, 2014 and livelihood concerns, 90 recognized vendors directed to shift to identified Site 'X' till decision of TVC-II - Entire remaining Nehru Place District Centre declared no-hawking/no-vending zone and unauthorized vendors liable to be removed.
Statutory provision(s):
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 Sections 3, 4, 18, 33
Federation of Nehru Place Associations v. Gyanesh Bharti, (Delhi)(DB) : Law Finder Doc Id # 2992003
