Temporary Permits Not Grounds to Stall Crucial Public Infrastructure, Rules Court
New Delhi, May 12 – The Delhi High Court has refused to stay the demolition of kiosks near the Namo Bharat Metro Rail Station at Sarai Kale Khan, affirming that the Delhi-Ghaziabad-Meerut Regional Rapid Transit System (RRTS) is a critical infrastructure project and must proceed unhindered.A bench comprising Justices Prathiba M Singh and Rajneesh Kumar Gupta stated in its May 8 order that the "tehbazari" certificates issued to the petitioners in January 2018 were temporary in nature and cannot be used as grounds to obstruct development.
RRTS Project Prioritized Over Temporary Commercial Use
The court emphasized the public significance of the RRTS line, which spans 82 kilometers and is expected to reduce travel time between Delhi and Meerut to under an hour. “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 court noted, backing the National Capital Region Transport Corporation (NCRTC) in its decision to clear the area.“The RRTS project is in the public interest. Considering the fact that the tehbazari itself is temporary, the petitioners cannot be seen to argue that they cannot be dispossessed,” the bench added.
Petitioners' Claim Violation of Natural Justice
The petition, filed by two stall owners, sought a stay on demolition at the Tehbazari site on Ustad Hafiz Ali Khan Sahib Marg. The petitioners alleged that the NCRTC began razing their kiosks on May 6 without prior notice, providing only two days to vacate, which they claimed violated principles of natural justice.They contended that their stalls had been formally allotted by the Municipal Corporation of Delhi (MCD), which had granted tehbazari permits allowing them to operate small businesses in public areas.
Authorities Directed to Consider Alternative Sites
While the court denied halting the demolition, it directed the concerned authorities to consider and decide upon the petitioners’ request for alternate vending sites within two months.Counsel for MCD argued that the Tehbazari certificates were explicitly temporary. Meanwhile, the NCRTC, represented by its legal counsel, asserted that the development of the Namo Bharat Metro Rail Station was being executed under Supreme Court orders, and the demolition of the kiosks was essential for the progress of the project.
The Delhi High Court’s verdict underscores the precedence of large-scale public infrastructure over temporary commercial arrangements, particularly in cases where vital transport systems are involved.