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2002 DIGILAW 915 (SC)

Patri Vyapar Mandal, Delhi v. S. P. Agarwal

2002-08-09

BRIJESH KUMAR, R.C.LAHOTI

body2002
ORDER : R.C. Lahoti, J. IA No. ... of 2002 (filed by Delhi Hawkers Association) is taken on Board. 2. This order shall dispose of the following applications: (i) IA No. ... of 2001 (for clarification/modification of order dated 1-12-2000 filed by Municipal Corporation of Delhi) for the following relief: "The Corporation be allowed to permit to allow squatting on 6' x 4' open to sky site on weekly and festival holidays in the area of Chandni Chowk." (ii) IA No. 387 of 2002 (filed by Chandni Chowk Sarve Vypar Mandal) which in substance is an application opposing the prayer made by Municipal Corporation of Delhi. (iii) IA No. ... of 2002 (filed by Delhi Hawkers Association) wherein a plea is raised that Chandni Chowk be permitted for hawking/squatting at least on festival and weekly holidays. 3. We have heard all the learned counsel. 4. In the judgment dated 21-5-1993 reported as Gainda Ram v. MCD, (1993) 3 SCC 178 Directions 1 to 4 issued earlier by this Court are quoted. It is not disputed that Guidelines 1 to 4 referred to therein, are applicable for both MCD and NDMC areas. Subsequently, Municipal Corporation of Delhi has declared Chandni Chowk as non-squatting zone (p. 38 of IA No. 387 of 2002). Vide orders dated 1-12-2000, 2-12-2000 and 6-11-2000 passed by this Court, it was clarified that non-squatting areas cannot be utilised for the purpose of squatting and hawking whether temporary or permanent. The Delhi High Court has by order dated 9-11-2001 passed in CWP No. 6476 of 2001 (p. 16 of IA No. 387 of 2002) directed that squatting/hawking in Chandni Chowk cannot be permitted. Mr M.M. Kashyap, learned counsel for Delhi Hawkers Association submitted that hawking/squatting on festival days and holidays should be permitted to take care of the interest of the applicants. He also submitted that traders have encroached on market and street areas and the clarification application filed by Municipal Corporation of Delhi and the application filed by Chandni Chowk Sarve Vypar Mandal is an attempt at hiding the encroachments so that no action is taken there against. Needless to say, if there are any encroachments Municipal Corporation of Delhi is certainly at liberty to remove such encroachments, rather it should do so. 5. Needless to say, if there are any encroachments Municipal Corporation of Delhi is certainly at liberty to remove such encroachments, rather it should do so. 5. In view of the several orders passed earlier by this Court and the order of the High Court which has attained finality, we are not inclined to modify the earlier order of this Court and to permit squatting and hawking in Chandni Chowk area more so when it would be clearly to the detriment of the persons having their residences and shops and business there. The several photographs filed with IA No. 387 of 2002 go to show that hawkers and squatters cause serious congestion and if that is permitted it will be difficult for the local residents, traders and customers approaching the shops, even to move. 6. For the foregoing reasons, IA No. 387 of 2002 is allowed and IA No. ... of 2002 (filed by Municipal Corporation of Delhi) and IA No. ... of 2002 (filed by Delhi Hawkers Association) are dismissed. Cont. Pet. (C) No. 67 of 2001 6. List on the date already fixed in these matters.