Delhi HC Dismisses Plea Seeking Stay on Demolition of Kiosks in Sarai Kale Khan, Citing RRTS Line Project
The Delhi High Court, recently, dismissed a petition filed by Neeraj Gupta and Rajeev Kumar Gupta seeking to stay the demolition of tehbazari located at Ustad Hafiz Ali Khan Sahib Marg, Sarai Kale Khan, New Delhi. The petition was filed on behalf of the stall occupiers, who claimed to have been allotted the said sites by the Municipal Corporation of Delhi (MCD).
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta held, “A perusal of the above would clearly show that the development work is being carried out in the vicinity of the shop itself and in fact, the kiosks of the Petitioners would be coming in the way of the development”.
The Petitioners, represented by Senior Advocate Pradeep Divan, contended that they were operating kiosks near the Namo Bharat Metro Rail station at Sarai Kale Khan, Hazrat Nizamuddin. They alleged that on 6th May 2025, the National Capital Region Transport Corporation (NCRTC) initiated demolition activities at the site and granted them only two days to vacate. They argued that the demolition was undertaken without prior notice, in violation of the principles of natural justice, and further requested relocation of the vending sites.
Senior Advocate Divan submitted that valid tehbazari allotments were in place until 31st March 2026. He contended that the Petitioners could not be dispossessed without an alternative site being provided.
Standing Counsel Tushar Sannu, appearing for MCD, submitted that tehbazari allotments were, by their very nature, temporary. Advocate Rajesh Katyal, counsel for NCRTC, informed the court that the demolition was part of the Regional Rapid Transit System (RRTS) project, being executed under the directions of the Supreme Court in M.C. Mehta v. Union of India [W.P.(C) 13029/1985]. He emphasized that the redevelopment work necessitated the removal of the Petitioners' kiosks.
After examining the photographic evidence on record, the court observed that development activities were ongoing in the immediate vicinity of the Petitioners’ shops and that their structures obstructed the project’s execution.
The court noted that the tehbazari certificate granted to the kiosk owners dated 25th January 2018, clearly specified that the allotment was purely temporary and required vacation in the event of any government work or in public interest, as determined by the MCD or SDMC.
In view of the temporary nature of the allotment and the public interest associated with the RRTS project, the court held that the Petitioners could not claim a right to remain in occupation of the kiosks.
The court further recorded that the Petitioners had already submitted a representation to the South Delhi Municipal Corporation seeking relocation. Accordingly, the Court disposed of the writ petition with appropriate directions.
For Petitioners: Senior Advocate Pradeep Divan with Advocates Mohammad Sajid and Abdullah Bin Masood
For Respondent: Standing Counsel Tushar Sannu with Advocates Shivam and Rajesh Katyal
Case Title: Neeraj Gupta v MCD (2025:DHC:3474-DB)