Hawker Can't Claim Right To Leave Goods & Wares Overnight At Hawking Place : Supreme Court

The bench of Justices MR Shah and BV Nagarathna also observed that a hawker has no right to insist that he may be permitted to keep his goods and wares at the place where he is hawking overnight.

"Any hawker can be permitted to hawk in the market only as per the hawking policy and not de hors the same. The petitioner, being a hawker, has no right to insist that he may be permitted to keep his goods and wares at the place where he is hawking overnight", the Bench observed.

The observations were rendered while considering a SLP assailing Delhi High Court's order dated January 12, 2022.

Before the Delhi High Court, Madan Lal who is a hawker in the Sarojini Nagar Market had sought for permission to leave his goods and wares at the place of hawking overnight.

It was contended before the High Court that NDMC was not permitting the hawkers to leave its goods and wares at the place of hawking overnight and were insisting on removal of the same from the area of allotment once the activity was over.

The bench of Justices Vipin Sanghi and Jasmeet Singh however dismissed the petition.

While upholding the High Court's order of rejecting the relief sought, the Top Court in the order said,

"We are in complete agreement with the view taken by the High Court. The concerned authority must act as per the hawking policy."

Case Title: Madan Lal v NDMC & Anr | SLP (C) 5684/2022

Citation : 2022 LiveLaw (SC) 373

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