"If Anyone Can Walk In And Start Hawking, It Will Lead To Jungle Raj": Delhi High Court Bats For Implementation Of Street Vending Plan

While batting for the implementation of a statutory plan for street vending as mandated under the Street Vendors Act, the Delhi High Court on Monday remarked that the city will become a 'jungle raj' in case anyone is permitted to indulge in hawking and vending activity.

Justice Vipin Sanghi and Justice Amit Bansal was dealing with a plea seeking directions on respondent authorities to permanently stop the illegal hawking and squatting in the CP area.

"There has to be a plan. There has to be a survey by a committee. Nothing has happened. The plan has not been prepared. It cannot be that in the meantime the whole city is open. Anybody can walk in and start hawking and vending. The whole city will become a jungle raj," the bench remarked.

According to sec. 12 of the Act, it has been provided that every local authority shall, in consultation with the planning authority and on the recommendations of the Town Vending Committee, once in every five years, prepare a plan to promote the vocation of street vendors covering the matters contained in the First Schedule. It also provides that the plan shall be submitted to the appropriate Government for approval and that Government shall, before notifying the plan, determine the norms applicable to the street vendors.

The Court also stated that the wings of administration, including the municipal corporations and the Delhi Government must implement the provisions of the Street Vendors Act in order to make Delhi a city with organised activity of vending.

While posting the matter to November 18, the Court directed that the steps taken by authorities in this regard be placed before the court on the next date of hearing.

Earlier, the Court had observed that the failure of municipal authority, NDMC in the present matter, in discharging their duties severely and adversely impact the rights of citizens including the Right to life, which also includes a right to clean and healthy environment.

Expressing displeasure over the illegal hawking, squatting or vending activities in No Hawking and No Vending areas in Connaught Place, the Court issued a "stern warning" to the officers of NDMC and the Delhi Police to ensure strict compliance of the Supreme Court approved schemes, its orders as well as the orders of the High Court.

In a similar development, the Court while commencing hearing on a bunch of pleas challenging the vires of Street Vendors Act, 2014, expressed its displeasure over the fact that there are no experts in the Town Vending Committee and that it would like to hear the challenge so as to ascertain the flaws and the fallacies in the implementation process.

The Court had said that while the right to conduct a business is a fundamental right, it comes with reasonable restrictions and the vending exercise has to be done in a regular manner with proper licensing.

The had then Court suggested that the Scheme must be evolved after taking into consideration various aspects including safety, security, hygiene and roads etc.

Case Title: NEW DELHI TRADERS ASSOCIATION v. NEW DELHI MUNICIPAL CORPORATION & ORS.