'No More Politics, Get Down To Some Real Work': Delhi High Court Slams Govt Over Poor Implementation Of Street Vendors Act

The Division Bench of Justices Vipin Sanghi and Jasmeet Singh, while hearing a batch of pleas related to alleged illegal street vending activities in the national capital orally remarked,

"Unfortunately, when it comes to implementation of good legislations, authorities concerned are not acting in spirit of the Act. They are trying to score points, advance their own political interests. This is why you have not been able to make a headway."

The Bench was unhappy over the Government's failure to prepare a plan for street vending activities, as required under the 2014 Act.

It was also informed that the Town Vending Committee (TVC) constituted for the New Delhi area did not have proper representation from the main markets lying in the region.

On this, the Bench remarked,

"We will not mince words. Don't play politics. Behave like a responsible government. We mean business. You have not acted sincerely while constituting this TVC. We will not countenance this…While constituting TVC for New Delhi, you don't include markets like Connaught Place, Sarojini Nagar?"

It added,

"This TVC which is actually constituted for New Delhi area, we are sorry to say but it appears to be a complete mockery…Some innocuous kind of market association you pick up and make them a member. You leave out main markets like CP, who may have a voice…"

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.

"We say this because you cannot form a committee that will perpetuate its own interest,," the Bench told government counsel SK Tripathi.

The TVC so constituted, the Bench said, shall recommend a plan for streamlining street vending activities.

"Some things you will not compromise, like right of people to walk in market areas, hygiene, security. All these aspects will have to be looked into while planning."

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 said.

Justice Sanghi added,

"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."

During the course of hearing, Senior Advocate Rahul Mehra for Delhi Government alleged that municipal corporations and police are misinterpreting court orders to remove street vendors.

"Delhi has to be a clean city but not at the cost of a voiceless citizen like in an unruly state…The Police comes, seizes their goods and throws them out as soon as any judicial order is passed…Law comes and strikes down a heavy hand at these poor people, and we have to oversee this…" Mehra said.

To this, the Bench responded,

"Street vendors are an essential part of our community. Not for a moment we are suggesting that they be thrown out. No one is denying they have a Fundamental Right. But is that absolute? A balance has to be struck…" Justice Singh said.

Mehra added that correct facts have not been placed before the Court by the counsel representing the traders.

"Impression is given there's mayhem in Delhi. But there is an exhaustive procedure on how people have to be relocated," Mehra said.

The Bench has now asked the Delhi government to file a counter affidavit and specifically justify the constitution of the TVC of New Delhi Municipal Council.

Also Read: "We Talk About Making Delhi Like London But How Will We Achieve That?": Delhi HC To Hear Plea Challenging 'Street Vendors Act'

Case Title: New Delhi Traders Association v. GNCTD