Delhi High Court
Resident Welfare Association, ... vs Municipal Corporation Of Delhi & ... on 23 May, 2012
Author: A.K.Sikri
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd May, 2012
+ W.P.(C) No.7571/2011
% RESIDENT WELFARE
ASSOCIATION, CHHATTARPUR ENCLAVE ....Petitioner
Through: Mr. Kirti Uppal, Sr. Adv. with Mr.
M. Tarique Siddiqui & Mr. Aditya
Gaur, Advs.
Versus
MUNICIPAL CORPORATION OF
DELHI & ORS. ..... Respondents
Through: Mr. Mukesh Gupta with Mr.
Sampooran Singh & Mr. Prakash
Chand, Advs. for MCD.
Mr. Vinod Wadhwa, Adv. for R-3to
R-5.
Ms Radhika Chandra, Adv. for R-6 to
R-10.
CORAM :-
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
JUDGMENT
A.K. SIKRI, ACTING CHIEF JUSTICE
1. The petitioner Resident Welfare Association (RWA) of D-Block,
Chhattarpur Enclave, Phase-I is aggrieved from the weekly Mangal Bazaar
held on the inner road in front of Dhan Mill, Chhattarpur in the vicinity of
the said residential colony and seeks direction to the MCD and the police
authorities to take steps for prohibiting the holding of the said weekly
bazaar. Some of the hawkers / squatters of the said bazaar are also
impleaded as respondents. The letter dated 15.05.2002 of the MCD to the
SHO, Police Station Mehrauli for allowing the weekly bazaar to be held on
Tuesday's on the inner road in front of Dhan Mill is also impugned. It is the
case of the petitioner that though the permission for holding the bazaar was
limited to the inner road in front of Dhan Mill, the bazaar is being held on
the road near MCD park and on 60 feet road opposite D-Block, Chhattarpur
Enclave, Phase-I, New Delhi also and owing whereto the residents are
facing acute inconvenience. Connivance is alleged between the hawkers /
squatters of the said bazaar and the officials of MCD / police. It is
contended that there is no permission for hawking / squatting on the said
road.
2. Notice of the petition was issued and status report by the MCD and
counter affidavits by the Delhi Police and the hawkers / squatters have been
filed. The police in its counter affidavit has stated that the Mangal Bazaar is
being operated only within the permissible limits on the inner road in front
of Dhan Mill and is not held in front of MCD Park as alleged and thus the
question of the same affecting the smooth flow of traffic does not arise. It is
further stated that the MCD as the competent authority has granted
permission for operation of the weekly bazaar on the inner road. The MCD
however in its status report has stated that the said Mangal Bazaar is an
unauthorized bazaar and the matter has been taken up with the DCP
(Traffic) for No Objection Certificate and regularization thereof, though no
such NOC has been issued. It is further stated that 257 hawkers operate
from the said weekly Mangal Bazaar; that though the bazaar is unauthorized
but as per the general directive of the Commissioner, MCD, fee is being
collected from this weekly bazaar also. The MCD further admits that
though initially bazaar was confined to the inner road in front of Dhan Mill
but upon the increase in number of hawkers, they have started setting up
their shops beyond the Dhan Mill on both sides, as in front of Dhan Mill,
only 25/30 hawkers can squat. It is also stated that it is not feasible to shift
the remaining hawkers elsewhere as there is no alternate site available.
3. The hawkers / squatters in their counter affidavit have relied on the
order dated 26.07.2010 in W.P.(C) No.14092/2010 titled Kuldeep & ors. Vs.
MCD to contend that the bazaar is held as per the consensus arrived at in a
meeting of the hawkers and the RWA and in terms of the conditions settled
therein. It is further pleaded that this petition though titled as Public Interest
Litigation by the RWA, is in fact at the instance of Sh. Ashwani Kumar
Dawar one of the residents carrying on business of supplying water illegally
extracted from the earth through tankers and having 20 tankers and which
he keeps parked at the place where bazaar is held. The counsel for the
petitioner with the help of photographs has sought to impress upon us, the
inconvenience being faced by the residents. On the contrary, the counsel for
the hawkers / squatters has harped upon the aspects aforesaid of mala fides
and of settlement with the RWA. The counsel for the respondent MCD has
placed before us a site plan of the area.
4. Having regard to the aforesaid circumstances and the factual position
prevailing at the site, we are of the opinion that in the first instance, the
matter has to be given consideration in depth by the Municipal Corporation
of Delhi in consultation with the Traffic Police to consider the following
aspects of the matter:
(i) Whether the weekly bazaar is to be held only on the inner road
opposite Dhan Mill? If so, MCD to decide the number of
hawkers which can be accommodated therein. In that
eventuality, MCD shall also take a decision about the
relocation of other hawkers.
(ii) A specific decision should be taken as to whether hawking has
to be allowed on the inner road at all or not. In this behalf,
suggestion has been given by the petitioner association which
are taken note of in the Division Bench order dated 12.01.2011
in LPA No.675/2010 titled Resident Welfare Association Vs.
MCD which shall be kept in mind and deliberated upon.
5. In case the MCD and Delhi Police decide to allow hawking only in
the inner road, it would be the duty of the MCD / Delhi Police to ensure that
there is no congestion on the road and the traffic moves smoothly.
However, we may make it clear that this Court is not suggesting as to
whether hawking should be allowed there or not. Decision in that regard
has to be taken by the MCD after considering as to whether the hawking at
that road is even permissible or not.
6. While taking such a decision, the MCD / Traffic Police can hear
representatives of the petitioner as well as the hawkers. Decision shall be
taken within one month from today.
7. The writ petition is disposed of in above terms.
Dasti.
ACTING CHIEF JUSTICE
RAJIV SAHAI ENDLAW, J
MAY 23, 2012
'gsr/raj'..
