"Frightening State Of Affairs, Hundreds Of People Can Die In Stampede": Delhi High Court Concerned On Overcrowding In Sarojini Nagar Market

"The state of affairs is such that covid or no covid, what we saw it's frightening. There could be a stampede. There could be hundreds of deaths," remarked the Delhi High Court on Friday expressing it's concern on overcrowding of thousands of people in the Sarojini Nagar market.

Taking note of the photographs and videos shown of the people recently witnessed shopping in the market in huge numbers, Justice Vipin Sanghi and Justice Jasmeet Singh pulled up the authorities including the municipal corporation and Delhi Police over non compliance of two previous orders passed by the Court.

"There has also been a bomb blast in the area. Just think even if a small bomber was to go off, how many people will die because of this and because of the stampede," Justice Sanghi said.

He added "Covid or no covid, the situation is errie. There can be a stampede where hundreds of people can die. And don't say that this is state managed. Hundreds of people are pushing each other and there is no control that people have on each other. People are just flowing like a river."

During the course of hearing, the Court quizzed the enforcement officer as to why there was non compliance of judicial orders and also on the issue of illegal encroachments.

"What have you done about the squatters. We have made it clear that you will not allow anyone to encroach including the shopkeepers?" Justice Sanghi said.

"If some shopkeeper is encroaching the land, you will wait for our orders to remove him? You will not remove him on your own? Do we have to give a direction? What is happening? You're saying in order for you to perform your functions, you need an order from us!" Justice Singh remarked.

Referring to the video shown, the officer informed the Court that there was over 80,000 footfall in the market on the day in question and that the market witnesses over 70-80,000 people especially on the weekends. The Court was also apprised that as a result of large number of footfall, the roads get blocked.

However, he added that to tackle the situation, special forces have been deployed which involve of more than 80 persons to keep the market regulated.

On this, Justice Sanghi said:

"If you were to implement our orders, not permit squatters over there who are not having valid licenses, there would be no such problem."

"80 thousand people will go to a market when there are large number of people selling goods there. If you restrict the number of people selling then the number of people buying will also be restricted. Moreover, there would be area for people to circulate. Even this video which is showed today, shows the way the squatters are spreading their vending sites."

"If you think you can so brazenly violate the orders of the High Court, then we will tell you what we can do. If there is any loss of life because of covid or stampede or any other incident in this market, you persons will be personally liable for that. Because we know when you want to do something, nothing can stop you from that. The State, municipality, police, enough power is there with you to take action."

Accordingly, the Court directed the authorities concerned to install poles with chains and mark the floors in the market with white paint by today itself so as to specify the area within which the shopkeepers and squatters have to carry out their activities.

The bench also directed the authorities to comply with the directions issued by the Court that no goods must be left at the site and must be removed everyday.

Observing that there was absolutely no improvement in the situation on the ground, the Court directed the Police to work out on a movement plan for the people who visit the Sarojni Nagar market.

"The purpose of permitting street vendors whose goods have been seized under sec. 19(1) to be reclaimed as goods after paying such fee as prescribed in the scheme, cannot be to perpetuate openly an illegality but also breach of the orders of this Court," it added.

Accordingly, the Court directed that the goods seized from hawkers and vendors who are found hawking and vending in the Sarojini nagar market shall not be released to them without Court's order.

The matter will now be heard on January 17.

Title: Sh Kuldeep Singh Sahani & Ors vs Government Of Nct Of Delhi & Ors