IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, MADHU JAIN
Palika Bazar Shopkeepers Welfare Association – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. approval of non-vending zones by the supreme court. (Para 2 , 3 , 4) |
| 2. petitioner's claim regarding non-compliance. (Para 5 , 6) |
| 3. court's disapproval of respondent's excuses. (Para 8 , 9 , 14) |
| 4. role and responsibility of authorities. (Para 10 , 12 , 13) |
| 5. preliminary status of town vending plan. (Para 20 , 21 , 22) |
| 6. opportunity for stakeholder input. (Para 23 , 24 , 26) |
| 7. disposition of petition with open rights. (Para 29 , 30) |
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The prime locality of Connaught Place including Palika Bazaar is the subject matter of this petition. As always, the two stakeholders who have competing interests are the shopkeepers on the one hand and street vendors on the other.
3. A scheme had been prepared by the New Delhi Municipal Council (hereinafter, ‘NDMC’) way back in 2007 namely, ‘Scheme for Street Vendors in N.D.M.C Area’, declaring the areas namely, Connaught Place, Connaught Circus (i.e., Rajiv Chowk and Indira Chowk) as No-hawking and No vending areas. The relevant portion of the said scheme reads as under:
“Non-vending areas:-
4.2 In view of the fact that NDMC is a security sensitive area,
The court reinforced the necessity for local authorities to enforce no-vending schemes effectively, emphasizing zero tolerance for illegal encroachments and the importance of public spaces.
The court affirmed that street vendors do not have an unqualified right to occupy designated no-vending zones and that proper procedures for eviction as per the relevant statutes were followed.
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The central legal point established in the judgment is the requirement for the Town Vending Committee to conduct a survey in accordance with the relevant street vending laws.
The court established that only street vendors with valid certificates and IDs issued by the Municipal Corporation are authorized to operate, emphasizing compliance with the legislative framework for....
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