INDIA BUSINESS WORLD - NOVEMBER 16^th - NOVEMBER 30^th - 2007

DELHI HIGH COURT DIRECTS HAWKERS TO VACATE NEHRU PLACE AREA

The Delhi High Court has dismissed the petitions of 11 hawkers who wanted to be reinstated at Nehru Place Commercial Complex from where they had been evacuated by the DDA in April last.

In her order, Justice Geeta Mittal said the hawkers were not entitled to any relief and cannot be reinstated at Nehru Place as they cannot claim their Right on a Public Property.

She, however, directed the Municipal Corporation of Delhi(MCD) to consider the applications of these vendors under the 'National Policy on Urban Street Vendor Scheme 2004' implemented by the MCD on October 31, 2007.

The Court said the livelihood of many families was based on the job of these vendors. "The MCD should consider all these applications and rehabilitate them in a suitable manner. It should make necessary allotments expidiously," Justice Mittal said.

The Delhi Development Authority (DDA) had, in March-April, removed 11 vendors from the Nehru Place Area stating that it was a Zero-Tolerance Zone where no vending was allowed.

DDA Lawyer Sangeeta Chandra had contended before the court that Nehru Place was a big business centre and if vendors block the exit of the buildings, it would cause congestion. In case of any accident, no fire-van or other first-aid would reach the buildings, she said.

The vendors, on the other hand, contended that it was their Fundamental Right to livelihood under Article 19 of the Constitution.

They alleged that DDA had adopted a pick and choose policy to remove them from the area and deprived them of their Right.