"These People Are Powerless Or What?": Delhi High Court Raps SDMC For Complaining About Violation Of Judicial Orders By Vendors In Nehru Place

The Delhi High Court on Thursday rapped the South Delhi Municipal Corporation for complaining about the violation of judicial orders by vendors in city's Nehru Place area qua conditions of hawking remarking that it was the responsibility of the authority to ensure enforcement of the orders.

The bench of Justice Manmohan and Justice Navin Chawla was hearing a suo moto case registered by the Court following a fire incident at a building in the market. 

The development came after the Court was apprised about an affidavit submitted by the SDMC in a related contempt case stating that certain vendors were not adhering to the timeline as set down by the Court including other violations.

"It is astonishing that they are telling us there was a violation. These people are powerless or what? They don't have any jurisdiction or power vested in them? Why are they complaining to us? We should be complaining to them. We are not able to understand this. Next time the policeman will come here and say that there is a theft taking place, you help me out. We are not supposed to solve the case of theft. The police is supposed to solve it. He is alleging that there is violation of court orders. What is he doing? These are persons at the ground level, he is not able to enforce," the Court said.

Expressing displeasure over the affidavit, the Court asked the SDMC counsel if some joke was going on in the Court.

"Has he (concerned officer) retired or does he want us to retire him? Please see, he is telling us that orders are being violated and I cannot do anything about it. What is he getting salary for?" the Court added.

On this, the counsel appearing for SDMC told the Court that the issue would be taken up to the higher officials.

Expressing it's surprise on the fact that the ground level reality was not brought to the notice of the Coordination Committee which was specifically set up by the Court, the bench directed the Coordination Committee to file an action taken report within two weeks.

"The in charge of the Coordination Committee is directed to be present personally on the next date of hearing," the Court directed while listing the matter for further hearing on January 20.

During the course of hearing, the Court told SDMC that while the Assistant Commissioner who had submitted the affidavit was telling the truth, it added that actions must have been taken by hom.

"What is your staff doing? They are complaining to us. He is finding this at ground level but he doesn't want to act. He doesn't want to become a bad person," it said.

"What is your committee doing? Your coordinator is not doing anything. He doesn't speak to anyone. He is an Assistant Commissioner. There is no coordination taking place. Your coordinator is not functioning. He doesn't speak to these people at all. He doesn't hold meetings," it added.

Earlier, observing that Nehru Place market area should not become a slum, the Court had sought suggestions from the South Delhi Municipal Corporation on the management of squatters in the area.

The Court had also added that the said vendors will strictly comply with the terms of hawking and vending, will not have a permanent structure and will be confined to the hawking permitted area.

Earlier, the Court had directed the Delhi Fire Services to conduct a mock drill in the Nehru Place Market, on a working day, for the purpose of identifying shortcomings for the future. Following which, it directed the Delhi Government and Police to earmark a lane for emergency services like ambulance and fire brigades, to ensure unobstructed movement for them.

It had also directed the DDA, Delhi Police and SDMC to ensure that the recommendations and suggestions given by the Delhi Fire Brigade are implemented at the earliest.

The Court had also directed the Delhi Police and the South Delhi Municipal Corporation to implement no hawking and vending policy on a daily basis.

Case Title: COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI AND ORS