Illegal Encroachment In Chandni Chow Area: High Court Orders Personal Presence Of Commissioners Of Delhi Police, NDMC

Observing that no desired results were achieved by the efforts of the authorities concerned to permanently end the illegal encroachment by hawkers and vendors in city's Chandni Chowk area, the Delhi High Court on Thursday directed the personal appearance of Commissioners of Delhi Police and North Delhi Municipal Corporation. 

A Bench of Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a plea concerning illegal encroachments in Chandni Chowk area, being a no hawking and no vending zone. 

"Looking to the continuing states of affairs which show that ad hoc actions have been taken for selective removal of encroachments by the MCD and Delhi Police but same has not yet yielded desired result of permanently ending the encroachment by hawkers and vendors in the no-hawking-no-vending zone of Chandni Chowk, we are of the view that time has come for this court to require the presence of Commissioner of Police, Delhi as well as Commissioner North Delhi Municipal Corporation to explain how they propose to deal with the ongoing menace," the Court ordered. 

Further observing that the Court cannot accept the position that the respondent authorities were helpless, it added

"They cannot surrender and abdicate their statutory responsibilities and to accept surrender by the respondent authorities would only lead to anarchy and complete failure of rule of law."

In respect of several others areas which were declared as no hawking no vending zone for which judicial orders were passed, the Court took note of the fact that though the orders were complied with successfully, however areas like Connaught Place, Nehru Place and Crockery Market near Azad market were examples for non compliances. 

"We therefore direct the CP and the Commissioner of NDMC to remain present on 28 February, 2022," the Court directed. 

The Court perused the status reports filed by the Delhi Police and NDMC which disclosed the actions taken for the removal of encroachments from time to time. 

The petitioner had also filed the photos taken on various dates to show the continuation of rampant encroachment being undertaken in broad daylight by people on the pavements and walkways in Chandni Chowk Area. 

During the course of hearing today, Senior Advocate Sanjiv Ralli appearing for the petitioner submitted before the Court that in the status report filed by the Delhi Police, photographs were filed of several dates including of 22nd, 23rd and 26th January, 2022 which the Police claimed to have undertaken an encroachment removal drive.

He submitted that 22nd and 23rd January were the days on which strict curfew was in operation and therefore on those days there was no question of there being any squatting or vending activity being undertaken by anyone. 

It was argued that the said fact was also pointed out by the MCD in their status reports. He added that so far as January 26 was concerned, being a republic day, there was no activity of hawking or vending permitted at Chandni Chowk for security reasons. 

He therefore submitted that the Delhi Police had sought to mislead the court by claiming to have undertaken encroachment removal drives on the three days.  

"The factual statement is that on these days Delhi Police had undertaken encroachment clearance exercise which in fact had not been undertaken. This is a clear endeavour to mislead the court," the Court noted. 

With respect to installation of CCTV cameras, the Court observed that the same were not installed in terms of the an earlier order. On this, the counsel appearing for Delhi Police, stated that 330 CCTV cameras would be installed before the next date of hearing and that a report will also be filed in that regard. 

The matter will now be heard on February 28. 

The Court had earlier expressed its concern over the rampant illegal encroachment by the hawkers and vendors in city's Chandni Chowk area. It remarked that the redevelopment activity of the area is already 'falling in disrepair'.

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

Previously, the Court also observed that due to the existing population of the city and huge influx of people from all over the country, it may not be practically feasible to completely stop the activity of hawking and vending in the Chandni Chowk area for the reason that people have become habituated to hawk and vend in the area even though the same was a no-hawking and no-vending zone.

"A large population is without employment and they find it an easy and convenient way of earning their livelihood on daily basis to undertake the activity of hawking and vending and making their ends meet. Hawking and vending has also been recognised as a Fundamental Right," the Court had added.

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