High Court Directs Commissioners Of Delhi Police, NDMC To Continue Monitoring Removal Of Illegal Encroachments In Chandni Chowk Area

The Delhi High Court on Monday directed the Commissioner of Delhi Police as well as the Commissioner of North Delhi Municipal Corporation to continue the monitoring and supervision through their respective officers, the removal of unauthorized encroachments, hawking and vending in city's Chandni Chowk area.

Justice Vipin Sanghi and Justice Dinesh Kumar Sharma added that the exercise must be done irrespective of whether it is the shopkeepers or the hawkers and vendors who may be resorting to such illegal encroachments and hawking activities.

The bench was dealing with a plea concerning illegal encroachments in Chandni Chowk area, being a no hawking and no vending zone. 

The development came after the Court had earlier this month directed the personal appearance of Commissioners of Delhi Police and North Delhi Municipal Corporation. 

During the course of hearing today, Commissioner of Delhi Police as well as the Commissioner NDMC were present before the Court though virtual conferencing.

The Court also heard Additional Solicitor General Sanjay Jain appearing for the Delhi Police as well as Advocate Mini Pushkarna appearing for NDMC as well as Commissioner of NDMC.

The Court sensitized both the Commissioners with regards to implementation of the judicial orders passed in the proceedings from time to time for removal of encroachments in the Chandni Chowk area.

At the outset, ASG Sanjay Jain referred to the status report filed on behalf of the Delhi police, highlighting that the Police had installed not just 330 CCTV cameras in the Chandni Chowk area but, since the time when assessment was made in the year 2019, more cameras had been installed and resultantly presently 508 cameras had been installed with public-private partnership arrangement with the help of local market welfare associations.

The Court noted that 24x7 feeds from the said cameras were being collected and monitored at the control room and that the cameras also had night vision capacity. Furthermore, it noted that another 68 cameras were being operationalized in the next two weeks which will advance the numbers to a total of 576 cameras.

Advocate Naushad Ahmed Khan appearing for the PWD stated that a total of 130 cameras had been installed by the PWD. However, he added that the control room was not yet functional in respect of these cameras.

"He points out, and we agree with him that CCTV feed received from all these cameras which are installed could be properly monitored so as to exploit their functionality and utility otherwise it serves no purpose if cameras are installed, videos are captured but not actioned," the Court noted.

Accordingly, the Court directed thus:

"We are therefore of the view that a dedicated team of officers/ personnel be developed and utilised for the purpose of monitoring the CCTV feed in control rooms whether these control rooms are of the Delhi police or of the PWD."

"We direct the Superintending Engineer, PWD to make the control room functional in the next two weeks and thereafter it should be handed over to Delhi Police. Other State authorities should cooperate with PWD to enable it operationalise the control room."

The Court also noted that the Status report filed by Delhi Police highlighted that in view of seriousness of matter, it was decided to entrust the job of monitoring the issue of encroachments to the ACPS concerned who would in turn report to DCPs.

In the said report, it was also emphasized that the local beat constabulary needed to be strengthened and sensitized so that they act in the manner expected in case they find fresh encroachment or breach of conditions on which tehbazaris are granted.

"We therefore direct the Delhi Police to examine the said aspect and necessary deployment of beat constables who are properly trained and sensitized to deal with the aspect of illegal encroachments in Chandni Chowk area," the Court directed.

The Court however left it open for ASG Jain, Senior Advocate Sanjeev Ralli, Advocates Naushad Ahmed Khan and Mini Pushkarna to discuss amongst themselves and report to the court on the next date of hearing, about the constitution of the special task force which should look into aspect of illegal encroachments, hawking and vending in the area concerned.

During the course of hearing, the Commissioner NDMC updated the Bench with regard to the work done by the concerned authorities in the matter of preparation of plan under the sec. 21 of the Street Vendors Act. He submitted that an independent consultant had been engaged with whose help and with the assistance of the TVC, a total of 2760 sites for hawking and vending had been identified which included 500 in the SRDC area during the evening period.

He also submitted that 2436 certificates of vending had been issued by the TVC including 1334 found in the no-hawking, no-vending zone and that 24 streets having 39 stretches have been identified for the purpose of allotment to street vending sites.

"In the light of the aforesaid, we again direct Commissioner of Delhi Police and Commissioner NDMC to continue to monitor and supervise through their respective officers the removal of unauthorized encroachments, hawking and vending in Chandni Chowk area irrespective of whether it is the shopkeepers or the hawkers and vendors who may be resorting to the same," the Court ordered.

Accordingly, while calling for further status report to be filed in the matter, the Court posted the case for further hearing on April 19.

The Court had earlier 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'.

The Court had also 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