Authorities’ failure to discharge their duty to remove hawkers and vendors from no vending zone very severely and adversely impacts citizens’ rights to life, a healthy and clean environment, the Delhi High Court has said while directing removal of unauthorised hawkers and vendors in Connaught Place area here.
The high court gave a stern warning to the officers of New Delhi Municipal Corporation (NDMC) and Delhi Police, who have jurisdiction over the CP area, to ensure strict compliance of orders and schemes approved by the Supreme Court on unauthorised encroachments.
A bench of Justices Vipin Sanghi and Jasmeet Singh said the law has to prevail and it cannot allow the city to be taken over by illegal encroachers or vendors. There should be zero tolerance shown to them and all unauthorised hawkers and vendors should be removed with bags and baggage, the bench said.
The court directed the removal of illegal encroachers and vendors from the CP area and directed the authorities to ensure that the area remains clean on a regular basis and they do not return.
It directed the Chairman and concerned executive engineers of NDMC, having jurisdiction over the area, and the Deputy Commissioner of Police and SHO of the local police station to remain present before the court on November 18.
Status reports should be filed by the NDMC and the Delhi Police about the steps taken by them not only to remove the encroachments but also to ensure that the illegal encroachers and vendors do not return and the area is kept clean on a continuous basis. NDMC should display permanent boards in the entire Rajiv Chowk and the Indira Chowk areas displaying the fact that the area is a no hawking and no vending zone, the bench said.
The court’s order came on a plea by New Delhi Traders Association, which represents ship owners and operators in the Connaught Place (CP) area, that is, Rajiv Chowk and Indira Chowk, seeking directions to the authorities to ensure that illegal hawking and squatting or vending activities in “No Hawking” and “No Vending” areas of CP and Connaught Circus stop permanently.
The petitioner sought that the authorities be directed to ensure the areas are kept free from encroachments by illegal hawkers and vendors. Senior advocate Sanjeev Ralli and advocate Mohit Mudgal, representing the traders association, drew the court’s attention to the scheme framed by the NDMC as per which CP area has been declared as no hawking and no vending zone and the Supreme Court’s order approving the scheme.
Ralli also placed several photographs showing the present state of affairs on the ground in the Rajiv Chowk and Indira Chowk areas, including scores of hawkers and vendors occupying public spaces on the pavements, meant for pedestrians use.
The court noted that large areas have been occupied by them to display their goods and large congregations of crowds can be seen around these vends.
The photographs placed on record show a complete lack of concern by the authorities to the unauthorised encroachments and expose their utter lack of competence in ensuring compliance of their own scheme, as well as the orders passed by this court as well as the Supreme Court from time to time. It is as if the respondents have completely surrendered and accepted the invasion by hawkers and vendors and they have put their hands up, accepting helplessness, the bench said.
The court termed as completely unacceptable the submission of NDMC counsel that it has only two engineers assigned to look after the entire CP area and that the squatting and vending activity starts in the latter part of the day, after the working hours of officers.
It is for the corporation to manage its affairs, and it cannot express its helplessness for the aforesaid reasons. It is for the corporation to decide how many officers are required to be posted to manage its affairs and discharge its statutory obligations in the area falling within its jurisdiction. If more officers are required, it is for the corporation to depute them and it is not for this court to monitor this aspect, the bench said.
When the police counsel submitted that it is willing to provide force for the removal of encroachments contrary to the scheme framed by the NDMC, the bench said it failed to understand as to why such statements are made only when the matter is brought before the court and Is it that the Delhi Police is not conscious of its duties and responsibilities otherwise?
We, therefore, issue a stern warning to both the officers of the NDMC as well as to the Delhi Police who have jurisdiction over the Connaught Place area, that is, Rajiv Chowk and Indira Chowk, to ensure strict compliance of not only their scheme approved by the Supreme Court but also the orders passed by courts, the bench said.
It added, the rule of law has to prevail, and we cannot allow the city to be taken over by illegal encroachers/vendors. Such failure on the part of the respondent authorities in discharging their duties very severely and adversely impacts the rights of the citizens of the city, including their right to life, which includes the right to a healthy and clean environment.
The court observed that the authorities like NDMC are very efficient when it comes to writing letters and keeping their record straight, however, they have miserably failed while discharging their obligations on the ground.
We are not satisfied with the mere paper exercise that the respondent claims to have undertaken. In our view, such an exercise is merely undertaken to shun responsibility by the officers, and pass the buck on, it said.
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