The Delhi High Court on May 8 refused to interfere with the ongoing demolition of tehbazari sites (kiosks) at Sarai Kale Khan, being conducted by the National Capital Region Transport Corporation (NCRTC) as part of the Regional Rapid Transit System (RRTS) project.
A division bench comprising Justices Prathiba M. Singh and Rajneesh Kumar Gupta highlighted the significance of the RRTS, labeling it a "crucial infrastructure project." The court further emphasized that tehbazari sites are inherently temporary, making it unreasonable for the stall occupiers to claim an absolute right over the space.
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"Considering the fact that the tehbazari itself is temporary and the RRTS project is a project in public interest, the Petitioners cannot be seen to argue that they cannot be dispossessed," the bench observed.
The case was initiated by stall occupiers who claimed that they had valid tehbazari allotments granted by the Municipal Corporation of Delhi until March 31, 2026. They argued that NCRTC had begun demolition with only two days’ notice, violating the principles of natural justice. The petitioners further requested relocation to alternative sites, asserting their legitimate right to occupy the allotted spaces.
However, NCRTC’s counsel defended the demolition, stressing that it was necessary to advance the RRTS project, which serves a larger public interest. The Municipal Corporation of Delhi also opposed the petition, reiterating that tehbazari is temporary by nature.
The court, after reviewing photographs of the site, noted that the ongoing development work would directly impact the kiosks in question. It directed the petitioners to vacate their kiosks by 5:00 PM on Saturday.
"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 shall take out their belongings from the existing kiosks at the tehbazari sites by 5:00 PM on Saturday," the court stated.
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Regarding the petitioners' plea for an alternative site, the court directed the respondents to make a decision within two months.
Appearance: Mr. Pradeep Divan, Sr. Adv. with Mr. Mohammad Sajid and Mr. Abdullah Bin Masood, Advs. for Petitioners; Mr. Tushar Sannu, Standing Counsel MCD with Mr. Shivam, Adv. for MCD. Mr. Rajesh Katyal, Adv. for R-2
Case title: Neeraj Gupta & Anr. v. MCD & Anr.
Case no.: W.P.(C)-6182/2025
