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Orders Relocation Of Shalimar Bagh Weekly Market To Solve Traffic Congestion
The has directed the to relocate the Monday weekly market previously held at BH Block, Shalimar Bagh, to Kela Godown Road. A comprising Justice Prathiba M. Singh and Justice Vikas Mahajan emphasized that while the for street vendors is protected, it cannot override the basic rights of residents to lead a peaceful life free from safety hazards and severe vehicular congestion.
A Growing Dispute
The , filed by the of several blocks in Shalimar Bagh, highlighted that the market had expanded well beyond its authorized capacity of 300 vendors. Residents reported that the unauthorized proliferation of kiosks—reaching 800 to 1,200 stalls in some instances—had caused significant obstructions. The lack of passage had even delayed emergency services, including ambulances and fire, posing life-threatening risks to the local population.
Arguments from the Stakeholders
The Residents Welfare Associations contended that the market activity, which often began on Sunday nights with the unloading of heavy infrastructure, turned residential zones into chaotic, non-functional spaces. They highlighted issues regarding illegal electricity usage, the dumping of garbage, and the on public carriageways.
In contrast, the argued that the vendors relied entirely on this market for their daily subsistence. They emphasized that any abrupt closure would violate their under , urging the court to focus on regulating rather than relocating the market.
Legal Analysis and The Path to Decongestion
The High Court observed that the existing arrangement failed to adhere to the . The court noted that weekly markets are intended to operate in a regulated manner without encroaching upon residential access or creating traffic bottlenecks. By inspecting photographic evidence of the area, the court determined that the density of the market had surpassed sustainable limits for a residential locality.
The MCD presented a proactive plan to relocate the authorized vendors to Kela Godown Road, a site with sufficient, orderly space. Identifying this as a viable middle ground, the court noted that the new site could accommodate the 300 authorized vendors without paralyzing the residential colony.
Key Observations
During the proceedings, the bench made several critical remarks:
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"There may be 300 authorised vendors but the unauthorized vendors are three times more in number. Under such circumstances, the continued harassment of the residents cannot be brushed aside."
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"No resident should be made to undergo so much inconvenience in order to accommodate street vendors that too running a weekly market."
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"The movement of emergency vehicles, school buses, fire services vehicles, easy ingress and egress to the colony are basic requirements that cannot be ignored by the Court."
Final Directions
The Court ordered that regular operations at BH Block must cease immediately. The relocation mandate includes several strict conditions: 1. The MCD must verify the 300 authorized vendors through KYC and Aadhar documentation. 2. Each vendor must be allotted a strictly designated 6x4 feet vending space at the new Kela Godown Road site. 3. The daily vending fee was increased to ₹1,000 to ensure accountability and maintenance. 4. Local police authorities are directed to conduct periodic site visits to prevent further unauthorized encroachments.
The relocation is set to take effect from , marking a significant shift toward balancing urban development with the fundamental needs of residents.
