Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, VINOD GOEL, JJ.
Vyapari Kalyan Mandal Main Pushpa & Anr. - Petitioners
Versus
South Delhi Municipal Corporation & Ors. - Respondents
W.P. (C) 2556 of 2015
Decided On : 03-07-2017
Writ petition filed by Vyapari Kalyan Mandal Main Pushpa (Central) Market Lajpat Nagar under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to restrain/remove squatters, vendors and hawkers vending in a “No Squatting Zone” at Central/Pushpa Market, Lajpat Nagar, New Delhi. The petitioner no.1 association comprises of shopkeepers carrying on trade and business in the said market, while the petitioner no.2 is a member of the association carrying on his business from shop no. 90. The facts of the case are that on 21.05.1996 a massive bomb blast took place in the area of Pushpa Market, Lajpat Nagar-II, in which 13 people died, several persons were injured and there was a loss of several crores of goods. A high-level enquiry was ordered by the then Lieutenant Governor of Delhi. The report was submitted to the Lieutenant Governor, as per which the casualties and loss of property was due to delay in reaching the site by emergency services on account of encroachments by squatters/hawkers in the lanes and by-lanes of Central/Pushpa Market. It was recommended that no squatting/hawking should be permitted in future in the said area. On the basis of the enquiry report, the Lieutenant Governor by his order dated 13.11.1996 directed the authorities to clear all the roads, lanes and by-lanes in Central/Pushpa Market, Lajpat Nagar of all encroachments in a joint operation to be conducted by the MCD and the police. The Lieutenant Governor also declared the entire Central/Pushpa Market as a “No Squatting Zone”. The court held that the Pushpa/Central Market continues to remain a no-squatting zone. Needless to say that the same may be re-considered by the Town Vending Committee once the same comes into operation.
Fact of the Case:
On 21.05.1996 a massive bomb blast took place in the area of Pushpa Market, Lajpat Nagar-II, in which 13 people died, several persons were injured and there was a loss of several crores of goods. A high-level enquiry was ordered by the then Lieutenant Governor of Delhi. The report was submitted to the Lieutenant Governor, as per which the casualties and loss of property was due to delay in reaching the site by emergency services on account of encroachments by squatters/hawkers in the lanes and by-lanes of Central/Pushpa Market. It was recommended that no squatting/hawking should be permitted in future in the said area. On the basis of the enquiry report, the Lieutenant Governor by his order dated 13.11.1996 directed the authorities to clear all the roads, lanes and by-lanes in Central/Pushpa Market, Lajpat Nagar of all encroachments in a joint operation to be conducted by the MCD and the police. The Lieutenant Governor also declared the entire Central/Pushpa Market as a “No Squatting Zone”.
Finding of the Court:
The court held that the Pushpa/Central Market continues to remain a no-squatting zone. Needless to say that the same may be re-considered by the Town Vending Committee once the same comes into operation.
Issues: Whether the Pushpa/Central Market is a no-squatting zone.
Ratio Decidendi: The court held that the Pushpa/Central Market continues to remain a no-squatting zone. Needless to say that the same may be re-considered by the Town Vending Committee once the same comes into operation.
Final Decision: The writ petition is allowed. The SDMC and the Delhi Police are directed to ensure that Pushpa/Central Market, i.e. the area covered by the order dated 13.11.1996 of the Lieutenant Governor is maintained as a no-squatting zone. Once the area has been cleared, it shall be ensured that the vendors are not allowed to return or squat again; The SDMC shall conduct regular eviction drives; Delhi Police is to render all the necessary assistance in eviction of vendors to the SDMC; The zonal head of SDMC and the concerned SHO shall be personally liable to ensure that direction (ii) is not flouted; Both the SDMC and the Delhi Police are to prepare and maintain lists of persons removed from the area to ensure that repeat offenders are brought to the book; On receipt of the order, a meeting shall be convened of all the concerned authorities to discuss the implementation of the order and measures proposed to maintain the area as a non-hawking/non-squatting zone; and Any person aggrieved by unlawful vending in the area is at liberty to approach the SDMC or the SHO at the first instance and then this Court. The directions shall continue until the Town Vending Committee comes into operation and finally decides whether the area is to be a vending zone or no-vending zone.
G.S. Sistani, J.
C.M. 5125 of 2017
1. This is an application on behalf of the respondent no.8/NASVI for placing on record additional documents. Prima facie we are of the view that the application is merely an attempt to further prolong the litigation after the judgment was reserved on 01.02.2017, but since we have considered the documents sought to be placed on record, the application is allowed.
2. The application is disposed of.
W.P. (C) 2556/2015
3. The present writ petition has been filed by Vyapari Kalyan Mandal Main Pushpa (Central) Market Lajpat Nagar under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to restrain/remove squatters, vendors and hawkers vending in a “No Squatting Zone” at Central/Pushpa Market, Lajpat Nagar, New Delhi. The petitioner no.1 association comprises of shopkeepers carrying on trade and business in the said market, while the petitioner no.2 is a member of the association carrying on his business from shop no. 90.
SUBMISSIONS OF THE PETITIONERS
4. The facts of the case as stated in this writ petition are that on 21.05.1996 a massive bomb blast took place in the area of Pushpa Market, Lajpat Nagar-II, in which 13 people died, several persons were injured and there was a loss of several crores of goods. A high-level enquiry was ordered by the then Lieutenant Governor of Delhi. The report was submitted to the Lieutenant Governor, as per which the casualties and loss of property was due to delay in reaching the site by emergency services on account of encroachments by squatters/hawkers in the lanes and by-lanes of Central/Pushpa Market. It was recommended that no squatting/hawking should be permitted in future in the said area.
5. On the basis of the enquiry report, the Lieutenant Governor by his order dated 13.11.1996 directed the authorities to clear all the roads, lanes and by-lanes in Central/Pushpa Market, Lajpat Nagar of all encroachments in a joint operation to be conducted by the MCD and the police. The Lieutenant Governor also declared the entire Central/Pushpa Market as a “No Squatting Zone”.
6. In Gainda Ram and others v. Municipal Corporation of Delhi and others, W.P. (C) No.1699/1987 pending before the Supreme Court, I.A. Nos.340-348 were filed by those who were carrying on tehbazari facing Blocks D & J, Lajpat Nagar-II who had been removed after the bomb blast. By order dated 04.08.2000 in the said I.As., the Supreme Court directed the Government of NCT of Delhi to look into the matter and inform the Court whether Blocks D & J could be declared as squatting areas in view of the fact that certain other areas close to the place where bomb blast has taken place are being used for squatting purposes.
7. In response to the order, an affidavit was filed by Dr. B.S. Banerjee, Additional Secretary, Department of Urban Development, Government of India inter alia stating that:
“5. That the action of the MCD in permitting tehbazari in sites closer to the bomb blast site even while excluding Blocks “D and J” is not sustainable and the Lieutenant Governor is of the view that it would be appropriate to permit tehbazari only on sites or squatting zones properly selected in accordance with the directions of the Hon’ble Supreme Court in its order dated 1.5.1997 in I.A. Nos.37, IA No.97 in W.P. (C) No.1699 of 1987 with I.As. Nos.193, 37, 194 to 200, Contempt Petition (C) No.231 of 1997 and SLP (C) No.12618 of 1992 in CWP No.1699 of 1997 in the matter of Gainda Ram and others Vs. MCD and others and not permitting this in any non-squatting zones.” (Emphasis Supplied)
8. On 01.12.2000 in I.A. Nos. 336, 340-348 in W.P. (C) No.1699 of 1987, the Supreme Court taking into consideration the aforegoing affidavit passed the following order:
“If it is the policy decision of the Government of NCT of Delhi to maintain the earlier prohibitory orders dated 13.
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
