Delhi High Court - Orders
Kishore Shah vs Municipal Corporation Of Delhi And Ors on 18 December, 2025
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 19218/2025 & CM APPL. 80103/2025
KISHORE SHAH .....Petitioner
Through: Mr. Ajay Garg, Mr. Uday Garg, Ms.
Anusha Garg, Ms. Bhavya, Ms.
Vanshika Gupta and Mr. Soumil Singh
Rawat, Advs.
versus
MUNICIPAL CORPORATION OF DELHI AND ORS
.....Respondents
Through: Ms. Namrata Mukim, Standing
Counsel for MCD with Ms. Niharika
Singh, Adv. along with Mr. Sanjay
Beniwal, ASO (MCD).
Mr. Izhar Ahmad, SPC with Ms.
Nasreen Khatoon, GP for R-2/Delhi
Police.
Ms. Vaishali Gupta, Panel Counsel for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 18.12.2025 CM APPL. 80104/2025 (Exemption)
1. Exemption allowed subject to just exceptions.
2. Application stands disposed of, accordingly. W.P.(C) 19218/2025 along with CM APPL. 80103/2025 (For ad-interim directions)
1. Heard.
2. Issue notice to the respondents.
This is a digitally signed order.
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3. Ms. Namrata Mukim, Standing Counsel waives notice for Municipal Corporation of Delhi ('MCD'), Mr. Izhar Ahmad, Senior Panel Counsel waives notice for respondent no.2/Delhi Police, and Ms. Vaishali Gupta, Panel Counsel waives notice for respondent no.4.
4. It is not in dispute that on 31st October 2025, the petitioner, who was vending under a Certificate of Vending ('COV'), was subjected to seizure of his article, as he was found to be vending at a site which is not permissible. This led to drawing a seizure memo dated 31 st October 2025. The same has prompted the petitioner to approach this Court, alleging that his attempt to get his goods, including a vending cart released were not fruitful, as neither the seizure memo was issued nor was the challan served.
5. This prompted us to call the response of respondents in the matter. Counsel appearing for respondent no.1/MCD, on advance intimation, appears and is assisted by an officer of respondent no.1/MCD.
6. Fair enough, our attention is invited to the seizure memo dated 31 st October 2025 claiming that in case, the petitioner approaches respondent no.1/MCD within 48 hours from today his goods will be released in accordance with law by issuing challan.
7. We accept the said statement.
8. As far as the procedure to be adopted by respondents in the matter of seizure and issuance of challan is concerned, we are required to make the respondents sensitive to the provisions of Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter, 'Street Vendors Act, 2014'). The proviso to Section 19(1) contemplates not only the seizure of goods, but it also contemplates the issuance of seizure memo.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 20:58:10
9. As such, what is provided under the Street Vendors Act, 2014 is to issue seizure memo to the party from whose custody the goods are seized, the moment goods are seized and if so required, further issue challan either at the same place or maybe at the time when the party approaches respondents for collection of goods upon payment of the fine.
10. Learned counsel for respondent no.1/MCD submits that the field action taken by respondents is not in isolation, but at times is against group of persons who are illegally vending, and at times from whom the officers face violent resistance.
11. We are equally sensitive to the Street Vendors Act, 2014, however, we must be specific to the aforesaid submissions made by counsel for respondents that appropriate police protection must be provided by Delhi Police i.e. respondent no.2, as and when demanded.
12. However, that by itself cannot be termed as giving leverage to the respondents for not drawing the seizure memo at the spot and issuing a copy of the same to the party against whom such seizure activity is carried out.
13. We would also like to suggest that in such an eventuality it will be appropriate for respondent no.1/MCD to do videography/photography of the event leading to seizure.
14. Fact remains that the aforesaid aspects are required to be taken care of at the highest level, and accordingly we direct respondent no.1/MCD to file an affidavit of the highest officer heading the Town Vending Committee ('TVC'), as regards steps to be taken in the matter of issuance of seizure memo as mandated under the provisions of Section 19 of Street Vendors Act, 2014 referred above.
15. Let the response of the said officer be placed on record within a period This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 20:58:10 of four weeks from today.
16. List on 25th February 2026.
17. Order be uploaded on the website of this Court.
NITIN WASUDEO SAMBRE, J ANISH DAYAL, J DECEMBER 18, 2025/MK/sp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 20:58:10