High Court Issues 'Stern Warning' To Delhi Police, NDMC, Over Illegal Hawking In Connaught Place Area

The Delhi High Court has 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.

Justice Vipin Sanghi and Justice Jasmeet Singh expressed their 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.

"At this stage, we may observe that the authorities like NDMC are very efficient when it comes to writing letters and keeping their "record" straight. However, they have miserably failed while discharging their obligations on the ground. We are not satisfied with the mere paper exercise that the respondent claims to have undertaken. In our view, such an exercise is merely undertaken to shun responsibility by the officers, and pass the buck on," the Court said.

The Court was dealing with a plea seeking directions on respondents to permanently stop the illegal hawking and squatting in the CP area.

While the petitioner counsel took the Court through various photographs as well as the orders passed by the Apex Court, the Bench observed that there were scores and scores of hawkers and vendors who were occupying public spaces on the pavements meant for pedestrian use. 

"The photographs placed on record show complete lack of concern by the respondent authorities to the unauthorised encroachments, and expose their utter lack of competence in ensuring compliance of their own scheme, as well as the orders passed by this Court as well as the Supreme Court from time to time. It is as if the respondents have completely surrendered and accepted the invasion by hawkers and vendors and they have put their hands up, accepting helplessness," the bench added.

Further observing that it is for the concerned Municipal Corporation to manage its affairs and that it cannot express its helplessness, the Court said;

"It is for the respondent Corporation to decide how many officers are required to be posted to manage its affairs and discharge its statutory obligations in the area falling within its jurisdiction. If more officers are required, it is for the respondent Corporation to depute them and it is not for this Court to monitor the said aspect."

On the other hand, the Delhi Police submitted that it is willing to provide the force for removal of encroachments that are contrary to the scheme framed by the NDMC.

"We fail to understand as to why such statements are made only when the matter is brought before the Court. Is it that the Delhi Police is not conscious of its duties and responsibilities otherwise?" the Court said.

Accordingly, the Court directed the Chairman, NDMC, Executive Engineers and the DCP and SHO of the local police station to remain present before the Court on the next date of hearing.

"Status reports should be filed by the NDMC and the Delhi Police about the steps taken by them-not only to remove the encroachments, but also to ensure that the illegal encroachers and vendors do not return and the area is kept clean on a continuous basis," the Court directed further.

It also directed the NDMC to display permanent boards in the entire area, saying that the area is a no hawking and no vending zone.

The matter will now be heard on November 8.

Recently, the bench had also expressed its displeasure over failure of municipal corporations in the national capital in discharging their duties and functions.

The bench observed that even though the salaries and pensions of the employees have been paid, the municipal corporations of Delhi, especially the Safai Karamchaaris, had miserably failed in discharging their duties which is expected out of them.

"Resultantly, the city is facing an increase of dengue, collection of garbage which is not removed, broken roads and pavements," the Bench had said.

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

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