The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) and Delhi Police to work in coordination to ensure that Chandni Chowk remains free from unauthorised encroachments and accessible to pedestrians, expressing concern over the continued prevalence of illegal vending despite repeated judicial directions.
A Division Bench of Justice Prathiba M Singh and Justice Dinesh Bhatt issued the directions while reviving a petition filed in 2017 by Chandni Chowk Sarv Vyapar Mandal (Regd.), which alleged persistent violations of restrictions on hawking, vending and squatting in the area.
Taking note of photographs placed on record by the traders’ association, the Bench expressed serious concern over the ground situation, observing that vending activities were continuing in a hazardous, chaotic and unregulated manner. The Court remarked that the situation would not have arisen had the Special Task Force (STF), constituted to prevent illegal vending and encroachments, been conducting regular inspections and anti-encroachment drives.
The Bench emphasised that the STF was required to ensure compliance not only with its own decisions but also with the directions issued by the High Court. It further clarified that vending would not be permitted on three designated no-vending roads, irrespective of whether the vendors possessed Certificates of Vending.
The three stretches include the main Chandni Chowk road between Red Fort and Fatehpuri, H.C. Sen Marg and Subhash Marg. The Court reiterated that these areas had already been designated as no-vending and no-squatting zones in accordance with the Supreme Court’s directions in Gainda Ram & Ors. v. MCD & Ors., with the relevant scheme receiving the apex court’s approval in 2007.
The High Court noted that the STF was constituted in April 2022, with the Deputy Commissioner of MCD’s City-SP Zone and the Deputy Commissioner of Police, North District, serving as its co-heads. The task force was entrusted with monitoring the situation and preventing the return of unauthorised hawkers and encroachments.
At a meeting held on December 7, 2023, the STF had resolved to conduct regular joint anti-encroachment drives involving MCD and Delhi Police personnel. It had also decided that police beat officials would maintain surveillance following such operations to prevent vendors from reoccupying cleared spaces. Quarterly review meetings were also envisaged to assess enforcement measures.
In December 2023, the High Court had directed the authorities to strictly implement these decisions and had held the Assistant Commissioner of the concerned MCD zone and the SHOs of Lahori Gate and Kotwali police stations personally accountable for compliance.
The petitioner subsequently approached the Court alleging that the STF had become inactive and that unauthorised vending and encroachments continued despite repeated representations to the authorities.
Taking note of the grievance, the Bench directed the Assistant Commissioner, City-SP Zone, MCD, the DCP/Additional DCP North, DCP (Traffic) North and Additional DCP-I, North District, Delhi Police, to convene an urgent meeting on November 6 at 11 AM to ensure implementation of the STF’s December 2023 decisions. Three representatives of the petitioner association have also been permitted to participate in the meeting.
The Court directed the authorities to take necessary steps to remove unauthorised and irregular vending activities from the three designated roads and ensure that cleared spaces are not subsequently occupied. The concerned commissioners have also been directed to place a status report on record before the next hearing.
The matter is listed for further consideration on November 26.
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