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2023 Supreme(Del) 2935
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj & Ors. – Appellants
Versus
Kamlesh Sharma – Respondent
FAO 36 of 2021 & CM APPLs.2914 of 2021, 10442 of 2021, 10444 of 2021, 20904 of 2021, 23819 of 2021, 25868 of 2021, 25869 of 2021, 25870 of 2021, 25884 of 2021, 25885 of 2021, 26495 of 2021, 29121 of 2021, 38063 of 2021, 38289 of 2021, 39643 of 2021, 43944-46 of 2021, 3172 of 2022, 3455 of 2022, 5641 of 2022, 5642 of 2022, 5803 of 2022, 5865 of 2022, 7745 of 2022, 13472 of 2022, 16153 of 2022, 17039 of 2022, 18207 of 2022, 18247 of 2022, 18248 of 2022, 21768 of 2022, 21801 of 2022, 21802 of 2022, 21803 of 2022, 22125 of 2022, 23093 of 2022, 29624 of 2022, 32296 of 2022, 34552 of 2022, 34553 of 2022, 39754-55 of 2022, 40548 of 2022, 43723 of 2022, CM APPL. 52152 of 2022 with CM (M) 323 of 2021 & CM APPL. 14178 of 2021, 20945 of 2021, 20949 of 2021, 40269 of 2021 etc.
Decided On : 14-02-2023
Mr. Arun Birbal, Mr. Sanjay Singh & Ms. Sonia Singhania, Advocates, for DDA. (M:9958118327)
Mr. Lokesh Bhardwaj, Advocate. (M:9971576388)
Mr. Sarvesh Bhardwaj, Advocate.
Mr. Kush Bhardwaj, Advocate. (M:9891074686)
Ms. Samapika Biswal and Mr. Aman Kumar Yadav, Advocates, for Ld. Administrator. (M:9406951592)
Mr. Luv Bhardwaj, Advocate (M-9990693140)
Mr. Siddharth Panda and Mr. Ritank, Advocates for SDMC. (M:9891488088)
Mr. Zoheb Hossain, Advocate. (M:9999711099).
Mr. Satish Sahai, Advocate (M-9811029493).
Ms. Preeti Chaudhary, Advocate (M-9582468918).
Mr. Akarshan Bhardwaj, Ms. Garima Anand & Mr. Nitin Panwar, Advocates
Mr. Satyam Thareja, Advocate (M-9711097019).
Mr. Thakur Sumit, Adovcate (M-9968454481)
Mr. Ishkaran Singh, Advocate for 19 shopkeepers. (M:9582021885)
Mr. Aly Mirza and Mr Prabhas Chandra Advocates, for R-10. (M: 9899720944)
Mr. Paul Kumar Kalai and Mr. Kaoliangpov Kamei, Advocates, for Petitioner. (M:8376813694).
Mr. Puneet Jain & Mr. Yogit Kamat, Advocates
Dr. Charu Wali Khanna and Mr. Dharmendra Baghel, Advocates (M:9871709035)
Mr. Rajesh Kumar Gupta, Advocate for R-58(iii).
Mr. K.G. Chhokar, Advocate (M-9896030124).
Mr. Ankur Kashyap & Mr. Aditya Panda, Advocate, for R-1 (M-9971852807)
Mr. Neeraj Kumar, Mr. Harshvardhan Sharma and Mr. Ashutosh Kumar Pandey for, R-1a, b, c, d, 2, 3, 4 & 5. (M: 9811338696)
Mr. R.K. Bhardwaj, Advocate (M: 9312710457).
Mr. Rajmangal Kumar (M: 9871211544).
Ms. Sonia Singlaw, Advocate, for DDA.
Mr. Rajeev M. Roy and Mr. P. Srinivasan, Advocates, for R-1.
Mr. Rakesh Kumar, SHO.
Regulation of street vendors and ensuring orderly access for devotees.
Headnote:
Kalkaji Mandir - Regulation of Street Vendors - The court ordered the removal of unregistered street vendors from the periphery of the Kalkaji Mandir to ensure orderly access for devotees and to comply with the government's beautification plans for the city.
Fact of the Case:
The court addressed the disturbance caused by unregistered street vendors and the need to regulate the movement of devotees inside the Kalkaji Mandir.
Finding of the Court:
The court ordered the removal of unregistered street vendors and directed the SHO and SDMC to identify a designated area for registered vendors, ensuring orderly access for devotees.
Issues: Regulation of street vendors, disturbance caused by unregistered vendors, and the need for orderly access for devotees.
Ratio Decidendi: The court's decision was influenced by the need to regulate the movement of devotees and comply with the government's beautification plans for the city.
Final Decision: The court ordered the removal of unregistered street vendors and directed the authorities to take action within the next three days, with further consideration scheduled for a later date.
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.
3. Report No. 10 of the ld. Administrator dated 11th February, 2023 has been received. The same is to be perused by the Court.
4. In the meantime, it is noticed by the Court that the movement of devotees inside the Kalkaji Mandir continues to be disturbed owing to the fact that there are multiple entrances and exits to the Mandir. Moreover, even the temporary shops constructed are not being put to use. The allottees of these shops are refusing to pay the Teh bazari fixed by the Court. One of the reasons for this state of affairs appears to be that the vendors and hawkers, not authorised by the ld. Administrator continue to sell pooja samagri, prasad, etc. in the periphery, as also inside the Mandir.
5. It is submitted by Ms. Samapika Biswal, ld. Counsel for the Administrator, that in view of the G-20 New Delhi Summit on 9th and 10th September, 2023, the Government is keen to beautify the city. It is her submission that for the beautification of periphery of the Kalkaji Mandir, 51 street vendors which are stated to be registered by the SDMC under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 would have to be moved to a designated place.
6. SHO, PS Kalkaji- Mr. Rakesh Kumar and the Architect- Mr. Goonmeet Singh Chauhan have appeared virtually today in the Court proceedings.
7. Mr. Chauhan submits that in order to regulate the influx and efflux of devotees, a proper movement plan for the Kalkaji Mandir has been prepared. The same shall be considered by the Court on 22nd February, 2023.
8. In the meantime, SHO PS Kalkaji shall ensure that the 51 street hawkers in the periphery of the Kalkaji Mandir, registered with the SDMC, are moved to a designated area as may be identified by the SDMC. All the remaining street vendors and hawkers, whether inside or in the periphery of the Mandir, shall not be permitted to sell or hawk their wares in the Mandir. Except the said 51 vendors, for whom a designated space has to be allotted, all other vendors shall be removed. Action in this regard shall be taken within the next three days.
9. The SHO shall take action in cooperation with the officials of the SDMC and place a report on record by the next date of hearing qua the identification of the designated place and removal of the unregistered hawkers.
10. This order is being passed in order to ensure that the devotees are able to access the Mandir in an orderly fashion and they are not repeatedly accosted by vendors who keep trying to sell their wares to the devotees.
11. At this stage, it is pointed out by Mr. R.K. Bhardwaj, ld. Counsel that with the efflux of time, certain modifications are required in the order dated 27th September, 2021 passed by the Court. Accordingly, ld. Counsel for the parties are permitted to bring their suggestions in respect of the modifications which they wish to seek qua the order dated 27th September, 2021 on the next date of hearing.
12. List for receiving the action taken report by the SHO/SDMC and for further consideration on 22nd February, 2023 at 3.30 pm.
