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Failure to Remove Illegal Hawkers Adversely Impacts Citizens Right to Life: HC

Authorities’ failure to discharge their responsibility to take away hawkers and distributors from no merchandising zone very severely and adversely impacts residents’ rights to life, a wholesome and clear surroundings, the Delhi Excessive Court docket has stated whereas directing removing of unauthorised hawkers and distributors in Connaught Place space right here.

The excessive courtroom gave a stern warning to the officers of New Delhi Municipal Company (NDMC) and Delhi Police, who’ve jurisdiction over the CP space, to make sure strict compliance of orders and schemes permitted by the Supreme Court docket on unauthorised encroachments.

A bench of Justices Vipin Sanghi and Jasmeet Singh stated the regulation has to prevail and it can not enable the town to be taken over by unlawful encroachers or distributors. There ought to be zero tolerance proven to them and all unauthorised hawkers and distributors ought to be eliminated with luggage and baggage, the bench stated.

The courtroom directed the removing of unlawful encroachers and distributors from the CP space and directed the authorities to make sure that the world stays clear regularly and they don’t return.

It directed the Chairman and anxious govt engineers of NDMC, having jurisdiction over the world, and the Deputy Commissioner of Police and SHO of the native police station to stay current earlier than the courtroom on November 18.

Standing stories ought to be filed by the NDMC and the Delhi Police in regards to the steps taken by them not solely to take away the encroachments but in addition to make sure that the unlawful encroachers and distributors don’t return and the world is saved clear on a steady foundation. NDMC ought to show everlasting boards in your complete Rajiv Chowk and the Indira Chowk areas displaying the truth that the world is a no hawking and no merchandising zone, the bench stated.

The courtroom’s order got here on a plea by New Delhi Merchants Affiliation, which represents ship homeowners and operators within the Connaught Place (CP) space, that’s, Rajiv Chowk and Indira Chowk, in search of instructions to the authorities to make sure that unlawful hawking and squatting or merchandising actions in “No Hawking” and “No Merchandising” areas of CP and Connaught Circus cease completely.

The petitioner sought that the authorities be directed to make sure the areas are saved free from encroachments by unlawful hawkers and distributors. Senior advocate Sanjeev Ralli and advocate Mohit Mudgal, representing the merchants affiliation, drew the courtroom’s consideration to the scheme framed by the NDMC as per which CP space has been declared as no hawking and no merchandising zone and the Supreme Court docket’s order approving the scheme.

Ralli additionally positioned a number of pictures exhibiting the current state of affairs on the bottom within the Rajiv Chowk and Indira Chowk areas, together with scores of hawkers and distributors occupying public areas on the pavements, meant for pedestrians use.

The courtroom famous that giant areas have been occupied by them to show their items and huge congregations of crowds might be seen round these vends.

The images positioned on document present a whole lack of concern by the authorities to the unauthorised encroachments and expose their utter lack of competence in making certain compliance of their very own scheme, in addition to the orders handed by this courtroom in addition to the Supreme Court docket every so often. It’s as if the respondents have fully surrendered and accepted the invasion by hawkers and distributors and so they have put their fingers up, accepting helplessness, the bench stated.

The courtroom termed as fully unacceptable the submission of NDMC counsel that it has solely two engineers assigned to take care of your complete CP space and that the squatting and merchandising exercise begins within the latter a part of the day, after the working hours of officers.

It’s for the company to handle its affairs, and it can not categorical its helplessness for the aforesaid causes. It’s for the company to determine what number of officers are required to be posted to handle its affairs and discharge its statutory obligations within the space falling inside its jurisdiction. If extra officers are required, it’s for the company to depute them and it isn’t for this courtroom to observe this facet, the bench stated.

When the police counsel submitted that it’s keen to offer drive for the removing of encroachments opposite to the scheme framed by the NDMC, the bench stated it failed to know as to why such statements are made solely when the matter is introduced earlier than the courtroom and Is it that the Delhi Police isn’t acutely aware of its duties and duties in any other case?

We, subsequently, concern a stern warning to each the officers of the NDMC in addition to to the Delhi Police who’ve jurisdiction over the Connaught Place space, that’s, Rajiv Chowk and Indira Chowk, to make sure strict compliance of not solely their scheme permitted by the Supreme Court docket but in addition the orders handed by courts, the bench stated.

It added, the rule of regulation has to prevail, and we can not enable the town to be taken over by unlawful encroachers/distributors. Such failure on the a part of the respondent authorities in discharging their duties very severely and adversely impacts the rights of the residents of the town, together with their proper to life, which incorporates the suitable to a wholesome and clear surroundings.

The courtroom noticed that the authorities like NDMC are very environment friendly relating to writing letters and preserving their document straight, nonetheless, they’ve miserably failed whereas discharging their obligations on the bottom.

We’re not happy with the mere paper train that the respondent claims to have undertaken. In our view, such an train is merely undertaken to shun duty by the officers, and cross the buck on, it stated.

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