Delhi High Court pulls up NDMC, Delhi Police for failure to remove illegal vendors from Connaught Place

The Delhi High Court recently pulled up the Delhi Police and the New Delhi Municipal Corporation (NDMC) over their failure to remove illegal encroachments by street vendors in the city's Connaught Place area (New Delhi Traders Association v. NDMC)..After perusing photographs showing the illegal vendors' occupation of public spaces meant for pedestrian use, a Division Bench of Justices Vipin Sanghi and Jasmeet Singh stated in its order,"The photographs placed on record show complete lack of concern by the respondent 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."It thus issued notice to the NDMC and Delhi Police, and ordered,"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, i.e. 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 the Supreme Court and by this Court. There should be zero tolerance shown by them, and all hawkers, vendors – except the original 80 odd vendors – as stated by Mr. Peechara, should be removed bag and baggage.".The Court also stated that the 'rule of law' has to prevail and that the city of Delhi cannot be allowed to be taken over by illegal encroachers or vendors. It went on to note,"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."Apart from this, the Court also directed the Chairman of NDMC as well as its executive engineers having jurisdiction over the Connaught Place area along with the concerned Deputy Commissioner of Police (DCP) and Station House Officer (SHO) to remain present before the Court on the next date of hearing.The Court also directed the NDMC and Delhi Police to file status reports about the steps taken to remove encroachments and also to display permanent boards in Rajiv Chowk and Indira Chowk area mentioning that CP is a no-hawking/illegal vending zone.The matter will be heard next on November 8, 2021..Senior Advocate Sanjeev Ralli along with with Advocates Mohit Mudgal, Shivani Rautela and Devavrat Joshi appeared for the New Delhi Traders Association. Advocate Sri Harsha Peechara and Ashim Shreedhar appeared for NDMC..The Court was hearing a plea filed by an association of traders of shop owners and operators in Connaught Place seeking directions to ensure that illegal hawking, squatting and vending activities in the 'No Hawking' and 'No Vending' areas are removed permanently.Ralli drew the Court's attention to the scheme passed by NDMC as per which the Connaught Place area, including Rajiv Chowk and Indira Chowk, have been declared as no hawking and no vending zones. He also emphasised that the Supreme Court had approved the said scheme.He submitted photographs which displayed the present state of affairs on the ground in the Rajiv Chowk and Indira Chowk areas with scores of hawkers and vendors occupying public spaces on pavements..On the other hand, Peechara placed reliance on the apex court's order in Sudhir Madan & Others v. Municipal Corporation of Delhi & Others, wherein it was said that these vendors ought not be disturbed. He added that there were about 80 hawkers, who were issued Tehbazari to operate within the entire Connaught Place area.Peechara further mentioned that the NDMC scheme placed on record was incomplete. He added that NDMC has only two engineers assigned to look after the entire Connaught Place area and that all illegal vending activity occurs after the working hours of the NDMC officers..In response, the Court said that these submissions were completely 'unacceptable' and at odds with the timestamps of the photographs placed on record. The Court further added that it was the duty of NDMC to manage these affairs, without feigning helplessness."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," it said.Further berating the officials for their inaction, the Court said,"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.".Read full order here: