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Declares Nehru Place , Permits 90 Vendors at Designated Site
A division bench of the has finally put an end to years of litigation over hawking in the Nehru Place District Centre, declaring it a "" and "". The court, however, allowed 90 identified vendors to temporarily vend from a designated site, pending a decision by the .
Justice Prathiba M. Singh and Justice Dinesh Bhatt passed the order on , while disposing of a batch of and a . The court emphasized that the has a duty to assist vendors in transitioning from prohibited zones to designated vending areas.
A Long-Standing Dispute
The Nehru Place hawking issue dates back to when the High Court in permitted 67 vendors to vend under a pilot project. Subsequently, the declared the area a , which was affirmed by the High Court in Bachchu Singh (2017) and Federation of Nehru Place Association (2018). These decisions were upheld by the in .
Despite this, over 400 vendors continued to vend in Nehru Place, many without any court protection. A fire incident in prompted , and a fire drill revealed that unauthorized hawking obstructed emergency access.
Balancing Livelihood and Public Safety
The court noted that while the area is declared a , the protects recognized vendors from eviction until a survey is completed. However, the traders' association argued that protection does not apply to no-hawking zones.
Citing the 's recent decision in
Malkit Singh v. State of U.T. Chandigarh
(
), the High Court observed that authorities must actively support vendors in relocating to vending zones.
"If vendors are displaced through encroachment drives and lawful vending zones are available, the State has a duty to actively support their transition to these zones,"
the court recorded.
90 Vendors Granted
The court identified 90 vendors who had either been protected under earlier orders or were parties to the proceedings. These include 62 vendors from Manushi Sangathan, 22 from WP(C) 6823/2017, and 6 from other petitions.
The court directed these vendors to shift to a designated 'Site X' by . The TVC-II, once constituted, will decide whether they are entitled to certificates of vending and the area where they may vend. This decision must be taken within two months.
Strict Orders for Unauthorized Vendors
"Except the identified portion marked X, the entire Nehru Place District Centre is declared as a '
' and '
',"
the court stated. After October 12, the
is free to remove all unauthorized vendors. The
will then conduct an inspection and file a compliance report.
The court directed to cooperate with the and in implementing the order. The TVC-II must communicate its decision to the vendors under .
Key Observations
The court emphasized that prolonged presence does not confer
in a declared
.
"None of the other vendors have any valid vending right in the Nehru Place District Centre, especially after the repeated orders declaring it a
,"
it observed.
On the duty of authorities, the court quoted the
:
"Any action by the State that disrupts livelihood must be carried out with care, fairness, and a clear sense of responsibility."
Implications
This judgment provides a clear framework for regulating street vending in Nehru Place, balancing public safety and the . It reinforces that while unauthorized vending cannot be tolerated, authorities must provide workable alternatives to genuine vendors. The case will be listed for compliance on .
