"There Seems To Be A Big Disconnect": Delhi High Court Calls For Meeting With Stakeholders Over Implementation Of Street Vendors Act

The Delhi High Court on Wednesday called for a meeting with all the stakeholders including the Chairpersons of all the three Municipal Corporations, New Delhi Municipal Council, the Delhi Cantonment Board and the concerned Director of the DDA to work out the implementation of the Street Vendors Act.

Justice Vipin Sanghi and Justice Jasmeet Singh scheduled a meeting in the High Court premises on November 11, Saturday at 3 PM.

The development came while the Court was hearing a bunch of pleas challenging the vires of Street Vendors Act, 2014.

During the course of hearing, the Bench observed that there was a complete chaos and disconnect with the implementation of the provisions of Street Vendors Act and that there was no plan to regulate the activities of hawking and vending in the city.

"There seems to be a big disconnect. It seems these corporations are not applying their mind and they have not understood how the Act is to work. Let us have a one to one talk. We will call all the Commissioners and meet them in the High Court. Let the relevant officers of the GNCTD also come. Let us understand what is that why we are facing this problem every time. Let us try to understand from them and give them our understanding and hear them. You are just not working the Act the way it is supposed to work. The purpose of the Act is to regulate it (hawking and vending activities). You are not doing that. Let us have a meeting this Saturday at 3 PM. It will be a chamber meeting," the Court said.

The Court said that the meeting may also be attended by Senior Advocates Sanjeev Ralli, Colin Gonsalves, Mini Pushkarna and Advocates Kajal Chandra, N.K. Sahoo, Kirtiman Singh and Gautam Narayan  

"We are mindful that this is a second Saturday. Yet looking to the urgency of the matter, we are proceeding to fix the said meeting and we are hopeful that all the concerned parties would remain present. The meeting shall be held in the Larger Conference Room, Second Floor, Extension Block of the Delhi High Court. In addition to the Officers aforesaid, they will be accompanied by two officers from their respective organizations, who are conversant in dealing with the implementation of the provisions of the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2014," the Court added.

The Court was of the view that the meeting was essential to be aware as to how the municipal corporations and other relevant departments are going to work and how the scheme of the Act is to be implemented.

"We will have an exchange face to face. We will say what we have to. The way we look at it is that the Act says plan will be prepared. For that, area has to be surveyed by experts, traffic police, fire department, law and order department, public works department. There should be measurement of open areas, demarcation has to be there, to say you will not hawk here. Then what kind of activity will be permitted, what kind of vending, all this has to go into. Something is completely lacking. Where is the application of mind to all these things?" Justice Sanghi remarked orally.

He also added that the conditions in the city markets were not up to the mark due to the illegal hawking and vending activities. He said that it has become impossible to walk in areas like Chandni Chowk due to increase in the illegal encroachments.

On this, Senior Advocate Rahul Mehra representing the Delhi Government apprised the Court that situation in the Chandni Chowk area has improved in the past few days. Hearing this, Justice Sanghi responded thus:

"You claim credit for the work done and what is it being reduced to? All the areas are being encroached upon, all places are unhygienic. What is the point of doing the exercise then?"

During the previous hearings, Senior Advocate Sanjeev Ralli appearing for the petitioners had submitted before the Court that street planning would form the part of the functioning of master plan. He had submitted that prior to the commencement of the Street Vendors Act, street planning was done by the DDA in advise of the Advisory Council.

He had also submitted whenever a TVC is to be formed, what needs to be seen is whether there can be a departure of principles adopted by the Advisory Council of the DDA or not.

Previously, the bench had 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.

It also remarked that prima facie it seemed that something had to be said on the implementation of the Act.

Previously, pulling up the Delhi Government over the implementation of the Act, the bench remarked "No more of politics, populism…Please get down to some real work."

The Bench also cautioned the authorities that the market associations can have a maximum representation of 40% on the TVC, in spirit of the 2014 Act.

The Bench however made it clear that it is not against vendors or squatting activities. "Why are you saying this order is anti-anybody? We're only saying no illegal vending. Why should any illegal hawker be there in the first place?" Justice Singh had said.

"We're not against squatters; they are an essential part of our community. They are honest people, haven't taken law in their own hands, are not snatching chains. They're trying to make out a living for themselves and their families. They are our citizens; our people," it had added.

Case Title: New Delhi Traders Association v. GNCTD