Delhi NCR

Nehru Place District Centre no vending zone, MCD free to take action post Oct 12: Delhi HC

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The Delhi High Court has declared Nehru Place District Centre area as a “no-hawking zone” and “no-vending zone” and said the MCD is free to take action and remove all unauthorised vendors from there after October 12.

The high court said after the unauthorised vendors are removed, the Delhi Fire Services should conduct an inspection of the district centre and file a report before it.

“Insofar as the Nehru Place District Centre area, except the identified portion…, the entire Nehru Place District Centre is declared as a ‘No-hawking zone’ and ‘No-vending zone’. After October 12, 2026, the MCD is free to take action and remove all unauthorised vendors,” a bench of Justices Prathiba M Singh and Dinesh Bhatt said in an order passed on October 5.

The court was dealing with various matters, including a contempt petition, relating to vending and hawking in the Nehru Place area. It said for several years, the Nehru Place area has become a severe bone of contention for hawkers and vendors.

The court permitted 90 vendors to vend from an alternative nearby site from October 12 while making it clear that Town Vending Committee (TVC) – II after being constituted should take a decision as to whether these vendors are entitled to certificate of vending or not and if so, the area where they would be vending.

The decision should be taken within two months after the constitution of the TVC – II, it said, adding that the committee should communicate its decision to these vendors, who have been permitted to vend at the alternative site, in terms of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act.

The court said the Delhi Police should cooperate with the MCD and the DDA to ensure compliance of the order.

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The litigation dates back to a 2009 judgment under which 67 vendors had initially been permitted to vend in a demarcated area of Nehru Place. Subsequently, the high court declared the district centre a no-hawking and no-vending zone. That position was not interfered with by the Supreme Court.

The bench was informed that there are more than 400 vendors who are presently vending in the Nehru Place District Centre, most of whom are unauthorised ones as only 90 vendors are authorised.

“Apart from the above, none of the other vendors have any valid vending right in the Nehru Place District Centre. Especially after the repeated orders being passed by multiple benches of this court declaring Nehru Place as a ‘No hawking zone’ and ‘No-vending zone’,” it said.

The high court perused an order of the Supreme Court and said in terms of that decision, if the street vendors are vending in a ‘No-vending zone’, the MCD or the concerned authority has a duty to assist them in moving from a ‘No-vending zone’ to a vending zone, to provide the street vendors with a workable alternative from where they can earn their livelihood.

PTI

Published by
PTI

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