"No Right To Occupy Place Of Vending Round The Clock": Delhi HC Refuses Impleadment Of Street Vendors In Suo Moto PIL Over Encroachments In Okhla

The Delhi High Court on Thursday rejected an application moved by a group of street vendors, seeking impleadment in the suo moto public interest litigation initiated over the issue of illegal constructions and encroachments of public land in city's Okhla industrial area.

A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed that as per Supreme Court's orders, a vendor has no right to occupy the place of vending round the clock or to keep his articles at the place of vending continuously.

"In the garb of vending, you can't set up a stall, keep you goods, lock it everyday and encroach on the area. You can't do that!" it remarked orally.

The applicants were primarily aggrieved by Court's order dated March 24, whereby the South Delhi Municipal Corporation and the Delhi State Industrial and Infrastructure Development Corporation were directed to take swift action for removing the unauthorised constructions from the area.

The applicants argued that they have a valid vending license and the impugned order has resulted in them being uprooted from their places of vending. Therefore, they sought leave to appear before the Court and restrain their removal.

At the outset, the Bench made it clear that through the impugned order, it has only directed for removal of "encroachments" in the area.

"Certificate of vending only entitles vendors to vend in terms of the license granted. A vendor has no right to occupy the place of vending round the clock or to keep his articles at place of vending continuously. He can only come to the vending site allotted to him during the hours of vending permitted in the license and he should leave the place after such hours with all his belongings and goods," the Bench said.

Accordingly, it dismissed their impleadment application.

The Court also refused to entertain an application filed by jhuggi dwellers in the area, claiming residential rights. The same was dismissed as withdrawn with liberty to make a representation before DUSIB, to establish that the jhuggis occupied by them form a cluster which came up before January 1, 2006 and is thus liable to be recognized.

The PIL case registered based on a letter dated 7th July, 2017 received from one SB Tehkhandia.

The said letter complaint of illegal constructions and encroachments on public lands in the area in question wherein it was stated that the same were not removed by the authorities despite judicial orders. It was also stated that the local citizens are facing issues due to illegal grabbing of public land and road.

Previously, the Court had expressed dismay over SDMC and DSIIDC shifting responsibility on each other with respect to unauthorized construction and the jurisdiction to remove it. Thus, it directed both the bodies to file minutes of meeting to be held with the nodal officers and the status report indicating the action taken to remove the encroachment.

Case Title: Court on its own motion v. GNCTD

Case No.: W.P.(C)3168/2022

Citation: 2022 LiveLaw (Del) 350