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Refusing to accept the North Delhi Municipal Corporation's (NDMC) submissions that squatting and vending takes place after office hours and, therefore, the Corporation is not responsible, the Delhi High Court has directed the New Delhi Municipal Corporation and the Delhi Police to take steps to remove the said encroachments in the Connaught Place (CP) area.

The court has also passed a direction asking the NDMC to ensure that the illegal encroachers and vendors do not return and the area is kept clean on a continuous basis.

Furthermore, NDMC has been directed to display permanent boards in the entire Rajiv Chowk and Indira Chowk areas displaying the fact that the area is a no-hawking and no-vending zone.

New Delhi Traders Association, an association of shop owners/ operators in the Connaught Place (CP) area, i.e., Rajiv Chowk and Indira Chowk, preferred a writ petition seeking directions to ensure that illegal hawking and squatting/ vending activities in 'No Hawking and No Vending' areas of Connaught Place and Connaught Circus (known as Rajiv Chowk and Indira Chowk) area were stopped permanently and the said areas were kept free from encroachments by illegal hawkers and vendors/ squatters.

The petitioner placed on record several photographs showing the present state of affairs on the ground in the Rajiv Chowk and Indira Chowk areas. The association alleged that the respondent authorities had completely surrendered and accepted the invasion by hawkers and vendors and had put their hands up, accepting helplessness.

Adv. Sri Harsha Peechara, appearing for the NDMC stated that there were about 80 hawkers, who were issued Tehbazari, within the entire Connaught Place area and the scheme placed on record is not complete, and even in terms of the NDMC's scheme approved by the Supreme Court in Sudhir Madan & Others Vs. Municipal Corporation of Delhi & Others, these vendors were not sought to be disturbed.

He added that the respondent Corporation had only two Engineers assigned to look after the entire Connaught Place area, and since the squatting and vending activity started in later part of the day, i.e. after the working hours of the officers of the respondent Corporation, they could not be held responsible.

Finding this completely unacceptable, a bench of Justices Vipin Sanghi and Jasmeet Singh said,

"It is for the respondent Corporation to manage its affairs, and it cannot express its helplessness for the aforesaid reasons. It is for the respondent 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 respondent Corporation to depute them and it is not for this Court to monitor the said aspect."

Peechara further submitted that the respondent Corporation had been writing letters to the Delhi Police to provide force for removal of the encroachments.

To this, the Bench retorted,

"At this stage, we may observe 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."

ASC Rishikesh Kumar appearing for Delhi Police told the court that the Police was willing to provide the force for removal of encroachments contrary to the scheme framed by the NDMC.

This prompted the court to say:

"We fail to understand as to why such statements are made only when the matter is brought before the Court. Is it that the Delhi Police is not conscious of its duties and responsibilities otherwise?"

Accordingly, the authorities have been directed to show zero tolerance and all hawkers, vendors – except the original 80 odd vendors, should be removed with bag and baggage.

"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", remarked the Bench.

Furthermore, the Chairman, NDMC as well as the Executive Engineers of the NDMC having jurisdiction over the Connaught Place area, as well as the DCP of the area concerned and the SHO of the local police station have been directed to remain present before the Court on the next date.

The said authorities have also been asked to file Status reports about the steps taken by them.

The matter will now be heard on November 8.

Cause Title: New Delhi Traders Association v. NDMC and Ors.