"Redevelopment Activity Falling In Disrepair, Bus Stop Converted Into Vending Zone": Delhi High Court On Chandni Chowk Encroachment

The Delhi High Court on Thursday 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'.

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. 

"It is really disheartening to see that the rejuvenation and redevelopment activity of the Chandni Chowk area is already falling in disrepair. Thanks to rampant encroachment of the area," the Court said.

The development came after the counsel appearing on behalf of the petitioner, Chandni Chowk Sarv Vyapar Mandal, showed certain photographs dated January 4, 2022 highlighting the illegal encroachments by various hawkers and vendors in the said area.

One of the photographs showed that illegal hawking and vending activities were being conducted below the bus stand in the Chandni Chowk area wherein various articles were being sold and public paths were also being encroached upon.

The petitioner's counsel therefore submitted that the authorities including the Delhi Police and the concerned municipal corporation did not conduct a single drive in order to remove such hawkers despite clear directions from the Court in an earlier hearing.

To this, Advocate Mini Pushkarna appearing for the North Delhi Municipal Corporation submitted that a fresh status report will be filed on the aforesaid issue. However she added that in the earlier status reports filed in the matter, it was stated that a special task force is taking regular action for removal of unauthorized vendors from the area.

To this, Justice Vipin Sanghi orally remarked thus:

"Ms. Pushkarna, this is not correct. When there are orders, you can't ignore them no."

"How can this continue? They are sitting under bus stop. So bus stop has been converted into a vending area! How can this continue?"

"Look at the state of affairs. The whole bus stop is being taken over. Can there be any right for anybody to occupy the bus stand?"

Accordingly, the Court directed the SHO of the concerned Police Station to personally supervise the removal of unauthorised encroachments in the area. It also directed the Deputy Commissioner of NDMC shall equally be personally responsible to ensure that encroachments are removed without any delay.

"Specific status report to be filed in this regard by these two officers within one week," the Court said while posting the matter for consideration of the said aspect on February 10.

"These photos show the extent of encroachment of public ways and paths by the street vendors. First photograph is that of the area comprised within the bus stand and the area around it. It is shocking to see that the entire area around the bus stand has been encroached upon without any limitation of the area and area inside the bus stand has also been encroached upon and the vendors have spread their goods inside the bus stand itself," the Court noted.

It added

"The stand taken by the Delhi Police and the corporation that they have been carrying out regular drives for removing encroachments is completely belied by these photos."

During the course of hearing, Pushkarna also informed the Court that an affidavit was filed by the NDMC stating that pursuant to the last order, experts have been appointed by the concerned bodies for the purpose of preparation of vending plan under Street Vendors Act.

She further submitted that a meeting was also held on December 21, 2021 in which the experts discussed about the steps outlining as to how the said plan may be prepared.

She added that sub committee has been constituted and actual physical survey of the streets and areas in Chandni Chowk was underway. However, the Court was informed that due to the ongoing pandemic, the work has been hampered.

Accordingly, the Court ordered thus:

"Let the same survey be completed as soon as possible. Further status report be filed before the next date of hearing," the Court said while posting the matter for consideration of the said aspect on March 4.

Earlier, the Court had 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