'Show Some Will, Have It Done': High Court Directs Delhi Police To Remove Unauthorised Hawkers, Vendors From Munirka Village Area

The Delhi High Court on Wednesday directed the Delhi Police to ensure, on a daily basis, that the unauthorised hawkers and vendors are removed and do not return to city's Munirka Village area.

The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh was hearing a plea filed by Munirka Village Residents Welfare Association aggrieved by the inaction of the municipal authorities as well as the police in removing the street vendors who were encroaching upon the public roads and pedestrian walkways in and around the area.

The Court directed the South Delhi Municipal Corporation to put hoardings in the said area declaring it to be a 'no hawking and no vending' zone.

It also said that the concerned DCP of the area shall be personally responsible for ensuring the compliance of the order and that the officials of the MCD shall be in coordination with the SHO of the local police station.

During the course of hearing today, Advocate Meenakshi Kalra appearing for the petitioner association submitted that the photographs filed by SDMC along with the status report were misleading for the reason that the same did not reflect the status on the ground level. 

She added that the photos taken by the petitioner association on the last evening showed that there were about 70 unauthorised hawkers and vendors who were squatting in the area in question and that the problem arose especially during the hours between 5 to 11 PM.

On the other hand, Advocate Rishikesh Kumar representing the Delhi Police submitted that about 6 removal drives were conducted by the police on different occasions in the last one month. However, he added that the unauthorised hawkers kept on returning after they were removed.

"It is clear to the Court that the problem of continuous unauthorised vending and hawking cannot be stopped as the unauthorised vendors and hawkers are stubborn and habituated. The only way in which they can be removed is by directing the Delhi Police for keeping a strict vigil on a daily basis through their beat constables and by cordoning of the areas used by unauthorised hawkers and vendors for such activities," the Court said.

The petitioner's counsel also raised the issue of the residents not being able to use the community centre in a proper manner due to the unauthorised hawking and vending.

"Commercial act is being committed by illegal people. Street hawkers are giving regular payment to the police," she said.

However the said allegation was vehemently opposed by Kumar who added that such statements should not be made without any proof.

"It is your job to ensure that encroachment do not take place. You can't shift the responsibility. The practical problems, we will figure them out. Have a meeting and facilitate. You say you carry out drives and on those days they are not there. MCD is also saying this. If they are coming back, look after a different mechanism. Barricade the boards. The area which they occupy, you put boards. Let it be vacant," the Court said to the Delhi Police as well as the municipal corporation.

"It's not a rocket science. Show some will and have it done. It can't be something that you are sending a rocket to the Mars. Have one guard at one end and second on the other end. He will call the SI (Sub Inspector) immediately. He must be having numbers. These are practical things," Justice Singh said.

On the other hand, Advocate Sunil Fernandes appearing for the BSES submitted that it had formed four teams which had conducted raids in the said area. He stated that although there has been no instance of any direct theft of electricity, however the local shops had extended their line to illegal hawkers and vendors and that 14 such shopkeepers had been booked for anti-usage of electricity connection.

He also apprised the Court that the infrastructure of the area had been upgraded to an extent of making it impossible for any average hawker or vendor to rap the electricity connection and indulge in electricity theft.

In view of the aforesaid, the Court sought further status report from the Delhi police under the signature of the SHO. The Court also granted time to the petitioner for filing rejoinder in the matter within two weeks.

The matter will now be heard on January 11.

Case Title: MUNIRKA VILLAGE RESIDENTS WELFARE ASSOCIATION & ANR. v. SOUTH DELHI MUNICIPAL CORPORATION & ORS.