Ensure Strict Vigil, Take Action On Daily Basis For Removing Encroachments In No Vending Zones Of Chandni Chowk: Delhi HC To Authorities

The Delhi High Court has directed the city authorities to ensure that strict vigil and action on day to day basis is taken for removal of encroachments in the non-vending zones of Chandni Chowk area.

A division bench of Justice Tushar Rao Gedela and Justice Ravinder Dudeja ordered that in case the encroachments are not removed or re-occurs, the Assistant Commissioner of the Municipal Corporation of Delhi (MCD) of the concerned zone and SHO of Lahori Gate and Kotwali police stations shall be held personally responsible.

The court disposed of a plea filed by an organization, Chandni Chowk Sarv Vyapar Mandal, concerning illegal encroachments in Chandni Chowk area, being a no hawking and no vending zone. 

The bench observed that the various orders passed during the pendency of the petition, which was filed in 2017, display the “anxiety of the Court” in order to ensure enforcement of rule of law as also keeping in check the encroachments in the non-vending zones.

“We have carefully perused the said orders and are of the considered opinion that the SHO of the concerned PS as also the Assistant Commissioner of the concerned zone, MCD shall be personally responsible to ensure that the directions, as formulated by the STF in its minutes dated 07.12.2023 shall be scrupulously followed and implemented by the local authorities,” the court said.

The Special Task Force in its meeting held on December 07 decided that a joint encroachment removal drives, comprising the officials of MCD and Delhi Police, will be taken on regular basis.

It was also decided that the beat officials of Delhi Police will keep vigil in the area after every encroachment drive and prevent resurfacing of the illegal hawking or vending in no hawking or no vending zones.

“In view of the submissions so made, we dispose of this writ petition with a direction that the respondents shall strictly adhere with the actions to be undertaken as decided by the STF in its minutes dated 07.12.2023 and non-compliance thereof shall be viewed seriously by this Court,” the court said.

Earlier, the Court had earlier expressed its concern over the rampant illegal encroachment by the hawkers and vendors in the Chandni Chowk area and remarked that the redevelopment activity of the area was 'falling in disrepair'.

The Court had also pulled up the Delhi Police over it's failure to install 330 CCTV cameras in the area and said that the judicial directions on the issue were falling on deaf ears.

Case Title: CHANDNI CHOWK SARV VYAPAR MANDAL (REGD.) v. DELHI POLICE THROUGH COMMISSIONER OF POLICE & ORS

Citation: 2023 LiveLaw (Del) 1349

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