"Can't Let The City Go To Dogs, We Are Here To Protect Rule Of Law": Delhi High Court Over Illegal Hawking & Vending Activities

"We cannot let the city go to dogs. We are here to protect the Rule of Law", the Delhi High Court on Wednesday remarked while expressing its concern over the illegal hawking and vending activities in the national capital.

Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a petition filed by Chandni Chowk Sarv Vyapar Mandal challenging the validity of Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2019 framed by Delhi Government under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act.

"What is troubling us today and what is a cause of concern for us is that what is the number of street vendors? Your population may keep on rising but the area Delhi has is a constant. So how many vendors are you going to be permitting? What are the zones? Where all they will be? It is bursting at seams," Justice Singh told the Delhi Government.

The Court said that while it recognises vendors and hawkers as an essential part of the ecosystem, the number of petitions filed everyday on the issue is shocking for it to witness.

"Mr. Mehra, today we have more petitions by street vendors than we have of traders associations. Both have rights to say what according to them… let us hear that," Justice Sanghi told Senior Advocate Rahul Mehra representing the Delhi Government.

"Please understand for a place where there are 120 odd tehebzaari right holders, there are about 4000. So it's bursting. Where do people walk? We don't want another Lajpat Nagar. We don't want another Nehru Place. That exercise has to be… today what is the plan? What is the number?" Justice Singh added.

"We are very clear, Mr. Mehra. We can't let the city go to dogs. We are here to protect rule of law. Rule of law does not mean you only look at one constituency and say that look their rights are there, they need to be protected," Justice Sanghi added.

The Court also said that although the judgement of the Supreme Court in Sodan Singh case says that the vendors and hawkers have a right to conduct businesses, however, the bench added that the same comes with a limitation because there are rights of others also that need to be valued.

Mehra asked the Court to wait for a period of three months for the Delhi government to take appropriate steps to control the situation.  

"Now what is happening? Take for example Cannaught Place. Today CP is flooded with vendors. Its a no hawking and no vending zone. When it is a no hawking and no vending zone, why should they in the first place be permitted there? When you permit them, you permit them in such an unregulated way that today that market has lost its character. People pay lacs and crores as rent. A particular kind of people go there to transact business. What is happening is those shopkeepers are saying look we made mistake of abiding by law, taking our shop on rents on lacs to run our business and today we cannot do it because in front of our shops there are 10 vendors who are sitting. Our customers who approach us, today they are averse to come because they can't enter our shops, because there is a problem of hygiene and law and order," he added.

However, the Court said asked the Delhi Government to put forth its timelines which it wishes to bring on record in order to tackle the issue of unauthorised vending and hawking

The Court issued notice on the petition and sought the response of the Delhi Government, North Delhi Municipal Corporation and Town Vending Committee while posting the matter for further hearing on December 8.

The petitioner association was represented by Senior Advocate Sanjeev Ralli and the plea was filed through Advocates Mohit Mudgal, Shivani Rautela & Devavrat Joshi.

The plea alternatively sought directions to strike down the 2019 Scheme being void and without jurisdiction in the absence of Plan for Street Vending mandated under Section 21 of Street Vendors Act.

Case Title: Chandni Chowk Sarv Vyapar Mandal (Regd.) v. Govt. of NCT of Delhi & Other