Encroachment and Unauthorized Construction
Subject : Civil Law - Municipal Administration
The High Court of Delhi has stepped into the ongoing administrative and civil standoff regarding Sarojini Market, one of the capital's busiest retail hubs. In a recent hearing, Justice Mini Pushkarna addressed a writ petition filed by the Sarojini Nagar Market Rehari Patri Howkers Vikas Samiti , which challenges the proliferation of illegal structures within the market precincts.
The petitioners argue that shopkeepers and unit holders in Sarojini Market have illegally encroached upon public areas, including verandahs, passages, and courtyards, in direct violation of the sanctioned layout plans. They contend that this misuse significantly hampers accessibility and order in the market.
Conversely, the New Delhi Municipal Council (NDMC) is currently navigating a significant redevelopment project for the area. The NDMC legal counsel informed the court that a survey is presently underway to facilitate this redevelopment, with a comprehensive action plan expected to be drafted once the survey concludes within the next ten to twelve weeks.
Recognizing the complexity of balancing redevelopment with the immediate complaints of encroachment, Justice Pushkarna issued specific interim directions:
The legal proceedings took on a broader scope as the Sarojini Market Shopkeepers Association filed an application for impleadment under Order I Rule 10 of the Code of Civil Procedure . Given that the petition targets the actions of the shopkeepers, the court deemed their presence essential for a fair adjudication, subsequently adding the Association as respondent no. 5.
The bench highlighted the necessity of a systematic approach while ensuring that ongoing violations are arrested immediately:
> "Comprehensive action shall be taken by the NDMC only after the detailed survey has been concluded, which is likely to be completed in the next ten to twelve weeks."
Regarding future encroachment, the court was clear: > "In case any fresh unauthorized construction/encroachment is being carried out in the market in question, the same shall be stopped by the NDMC forthwith."
The case has been re-notified for October 31, 2025. By this time, the NDMC is expected to have finalized its survey and provided the court with a concrete plan of action. For the stakeholders of Sarojini Market—from hawkers to established shopkeepers—this upcoming hearing will be a critical inflection point in determining the layout and regulatory future of the iconic market.
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