Delhi HC calls for strict action against illegal squatting and hawking at Chandni Chowk [Read Order]

NEW DELHI: The Delhi High Court has called for strict adherence to the enforcement of the rule of law and action on a day-to-day basis against illegal squatting, hawking at Delhi’s famous Chandni Chowk and nearby areas. 

The Court was dealing with the issue of illegal encroachment by vendors, hawkers at the non-vending zones of the said areas.

Referring to prior orders passed by the Delhi High Court itself in this regard in the petition which has been ongoing for almost 6 years, a bench of Justices Tushar Rao Gedela and Ravinder Dudeja observed, “A perusal of the said orders as extracted, display the anxiety of this Court in order to ensure enforcement of rule of law as also keeping in check the encroachments in the non-vending zones.”

The Court had issued prior orders had issued directions to the Station House Officer (SHO) of Lahori Gate Police Station (PS) and the Commissioner of the Municipal Corporation of Delhi (MCD) to ensure that the rule of law prevails.

Following up on that the Court has directed that, “the SHO of the concerned PS as also the Assistant Commissioner of the concerned zone, MCD shall be personally responsible to ensure that the directions, as formulated by the Special Task Force (STF) in its minutes dated 07.12.2023 shall be scrupulously followed and implemented by the local authorities.”

Asking for all concerned to “strictly adhere” with the actions listed by the STF (formed for this purpose), the Court warned that any “non-compliance thereof shall be viewed seriously”. 

“The strict vigil and action on day to day basis must be taken and in case the encroachments are not removed or re-occurs, the Assistant Commissioner of MCD of the concerned zone and SHO of Police Station Lahori Gate and Kotwali shall be held personally responsible,” it held.

Directing thus, the Court disposed of the writ petition. 

Brief facts of the case

The Delhi High Court was hearing a writ petition filed by the Chandni Chowk Sarv Vyapar Mandal, a registered body seeking the issuance of directions to ensure that no squatting and hawking activities are carried on in the "non-hawking/non-squatting areas" of City Zone, North Delhi Municipal Corporation including in Chandni Chowk, Subhash Marg and other notified areas.

The petitioners, a registered body of local traders, also sought directions to ensure that the areas from where the illegal hawkers and squatters are removed are not reoccupied by them subsequently. 

The body made reference to orders/directions passed by the Supreme Court in this regard in a similar matter in 1987.

Cause Title: Chandni Chowk Sarv Vyapar Mandal (Regd.) v Delhi Police through Commissioner of Police & Ors.

[Read Order]