Can't allow anyone to come in and start hawking, it will be jungle raj, says HC

New Delhi: Delhi can't be allowed to be opened for anyone who wishes to come and start hawking activity as it may lead to a jungle raj' in the whole city, the Delhi High Court Monday observed while stressing on the need for proper implementation of the Street Vendors Act to have an organized activity of vending.

The high court directed the local authorities, including the municipal corporations, to initiate the process of preparing the statutory street vending plan under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act.

"The steps taken in this regard be placed before the court on the next date of hearing," a bench of Justice Vipin Sanghi and Amit Bansal said while listing the matter for further hearing on November 18.

The court was hearing a plea by New Delhi Traders Association, which represents shop 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, represented through senior advocate Sanjeev Ralli, sought that the authorities be directed to ensure the areas are kept free from encroachments by illegal hawkers and vendors.

"We can't allow the city to be open to all, that anyone can come and sit and start hawking. This way it will lead to a jungle raj in the whole city, which cannot be allowed, so kindly implement our orders," the bench said.

The court, on October 11, had directed the removal of illegal encroachers and vendors from the CP area and directed the authorities to ensure that the area remained clean regularly and they did not return.

The court was informed by senior advocate Rahul Mehra, representing the Delhi Police, that drives have been carried out by the NDMC and police for removal of illegal encroachers and five FIRs have been registered, and that goods have also been confiscated. He said the court's order was fully complied with by the authorities. The NDMC's counsel said illegal hawkers and vendors were removed but this drive needs to be carried daily.

Advocate Kamlesh Kumar Mishra, representing a woman who claimed to be vending in the CP area since the 1980s, said the court was hearing everyone except the vendors. The bench, however, said it was wrong to say such things.

The counsel claimed when traders approach the court, everyone asks for the removal of vendors but when hawkers move court, they are asked to approach the town vending committee (TVC).

"We also go and buy handicrafts and books and other items from these vendors," the bench said, adding, "we don't want to take away anyone's fundamental right but no fundamental right is absolute".

"You need to implement the Act properly. There is no street vending plan. The way the constitution of the Town Vending Committee (TVC) has been done is actually shocking. We are dealing with the NDMC area and without CP area, it does not have its character and meaning," the bench said.

It asked the authorities to consult and take suggestions of planners and come out with the vending plan and added that with proper planning, the CP area could be enriched and the experience of city-goers could also be enhanced.