Delhi High Court Takes Suo Moto Cognizance Of Fire At Nehru Place Market, Directs Authorities To Ensure No Hawking & Vending Policy

Taking suo moto cognizance of an incident of fire reported in a building at Nehru Place, District Commercial Centre, the Delhi High Court last week directed the Delhi Police and the South Delhi Municipal Corporation to ensure no hawking and vending policy on a daily basis.

Justice Vipin Sanghi and Justice Jasmeet Singh also directed SDMC, Delhi Police and Delhi Development Authority to hold a joint meeting and file status reports with regard to the implementation of the no-hawking no-vending policy by August 24, the next date of hearing.

"The status report should disclose the particulars of all such agencies employed, and should also disclose as to which of the authorities, namely DDA or SDMC is getting the work done." added the Bench.

The Court thus went on to say that the SHO, PS Kalkaji and the Executive Engineer concerned of the SDMC shall be personally responsible to ensure compliance of their direction, and failure to do so on their part shall invite strict action against them by the Court.

It was found by the Court that the hawkers and vendors had claimed the pavement space which was meant for circulation of pedestrians.

Reliance was also placed on a video circulated on social media showing that it was difficult for the fire tenders to access the building where the fire broke out. 

"The enormity of the problem caused by the hawkers and vendors at the Nehru Place area can be seen from a video circulated on social media which shows that it was difficult for the fire tenders to access the building where the fire broke out. It also shows the complete lack of any cleanliness or maintenance on the part of the Municipal Authorities.," the Court said.

The Court was apprised by the SHO of concerned area that due to several orders of stay granted by the Courts in favour of the hawkers and vendors, the said vendors had not been removed despite the area being declared as no hawking and vending zone.

"We find it difficult to understand how any person, who is not protected by Court orders, can continue to occupy any space, and hawk or vend without the connivance and blessings of the concerned local authorities," the Court observed at the outset.

"The status report(s) should also disclose all the orders of stay, as operative, which are claimed to be the reason why all encroachers, hawkers and vendors are not being removed from the said area despite it being declared as no-hawking no-vending zone.", added the Bench.

With regard to the urgency of the matter, the Court made it clear that no further time shall be granted for filing of the status reports to any department.

"In case, the status reports are not filed, the Commissioner, Delhi Police; Commissioner, SDMC; and Vice Chairman, DDA, as the case may be shall remain present on the next date of hearing." it said.

Title: COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI AND ORS

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