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Taking suo motu cognizance of a fire that broke out at Nehru Place on Aug 12, the Delhi High Court has directed the Delhi Police as well as the South Delhi Municipal Corporation (SDMC) "to ensure, on a daily basis, that there is no hawking and vending resorted to at the Nehru Place, District Commercial Centre by any person who does not have an operative order of protection granted by any Court."

 The division bench of Justices Vipin Sanghi and Jasmeet Singh has also directed the SDMC, Delhi Police, and the Delhi Development Authority (DDA) to hold a joint meeting, and to place before the Court, a status report with regard to the implementation of the no-hawking no-vending policy qua Nehru Place, District Commercial Centre. 

The bench further ordered that the Station House Officer (SHO), PS Kalkaji and the Executive Engineer concerned of the SDMC under whose jurisdiction the said area falls, "shall be personally responsible to ensure compliance of this direction," and that "failure to do so on their part shall invite strict action against them by the Court."

The court was informed by the SHO, Kalka ji PS that redevelopment work has been going on at the site for a long time, and the agency has not completed the work yet. It was also submitted by counsel for SDMC that the Public Works Department (PWD) "may also be getting some works done in the area."

The court has issued notice to PWD, as well, asking to explain the reasons for delay in completion of the works.

The court has directed that the status report should disclose the particulars of all such agencies employed, and should also disclose as to which of the authorities, namely DDA or SDMC is getting the work done. The status report(s) should also disclose all the orders of stay, as operative, which are claimed to be the reason why all encroachers, hawkers and vendors are not being removed from the said area despite it being declared as a no-hawking no-vending zone.

An incident of fire at Nehru Place was reported on August 12. The said District Commercial Centre has several high-rise buildings, and in between these buildings, there is a pavement area for circulation of people. On the said pavement area, over the years, hawkers and vendors have come to claim the space, originally meant for pedestrians. 

The Court took suo motu cognizance of the case based on a video circulated on social media which revealed the enormity of the problem caused by the hawkers and vendors at the Nehru Place where it was shown that it was difficult for the fire tenders to access the building where the fire broke out. It was also seen that there was complete lack of any cleanliness or maintenance in the area.

The Court was informed that the Nehru Place area has been declared as a no-hawking no-vending zone.

The Court was further informed that there are several orders of stay granted by the Courts in favour of the hawkers and vendors – which is the reason that even though the area has been declared as no hawking and vending zone, the said vendors have not been removed. 

It was further stated that the removal drive of the hawkers and vendors is conducted from time to time but other hawkers and vendors come back once the drive is over.

The Court has clarified that no further time shall be granted for filing of the status reports to any department. In case, the status reports are not filed, the Commissioner, Delhi Police; Commissioner, SDMC; and Vice Chairman, DDA, as the case may be shall remain present on the next date of hearing.

Matter is listed for next hearing on Aug 24.

[Edited by Shreya Agarwal]

Case Title: Court on its own motion vs GNCTD and ors