 "Delhi HC asks MCD to relocate tehbazari shops in Karol Bagh post de-sealing")
The Delhi High Court has directed the municipal corporation of Delhi (MCD) to relocate several tehbazari' shops (small roadside kiosks) situated at Bhagwati Market in Karol Bagh to another proposed site after de-sealing them.
The high court directed the MCD, which had earlier sealed the shops on the ground of shifting them to another place, to de-seal them within 30 days.
It also permitted the MCD to construct shops at the backside of Panchkuian Road near R K Ashram Metro Station, besides existing Tehbazaris, and thereafter, handover the possession the shops to these tehbazari holders.
It is further directed that upon the Municipal Corporation of Delhi handing over the possession of the shops to be constructed by them to the Tehbazari holders of Bhagwati Market, in terms of the present order, the latter shall hand over the vacant and peaceful possession of their shops located at Bhagwati Market to the former within 30 days thereafter, a bench of Justices Siddharth Mridul and Talwant Singh said.
The bench passed the order while disposing of a contempt petition filed by advocate Amit Sahni seeking action against the authorities for allegedly allowing construction of permanent structures such as kiosks on the pavement in Karol Bagh.
Sahni submitted that the relief prayed for in these proceedings stands satisfied and no further directions are being prayed for.
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As per the plea, initially the MCD had decided to sell its 95 years old primary school to a private builder for constructing a multi-level parking.
The MCD had then shifted the tehbazari shops and started construction of shops at the pavement adjoining Ajmal Khan Park in Karol Bagh.
The lawyer filed the contempt plea stating that this was in violation of directions passed by high court that the pavements are meant to be used by the pedestrians and all authorities have been directed to remove encroachment on the pavements to ensure free movement of pedestrians.
The petitioner had filed an application in the contempt petition that the construction of 'tehbazari' shops on the pavement adjoining Ajmal Khan Park by the North Delhi Municipal Corporation (NDMC) was earlier stopped after a division bench of the high court had on April 19 stayed it.
However, the authorities have started fresh construction on a similar pavement at Karol Bagh Terminal, Desh Bandhu Gupta Road and this amounts to further contempt of the court's previous order.
The plea had urged the court to punish the contemnors for allegedly acting in utter violation of the March 13, 2018 order by allowing the construction of kiosks on the pavement.
It said a legal notice was sent to the authorities on January 20 calling them to withdraw the November 2021 order directing the allottees to construct their kiosks near Ajmal Khan Park.
The plea said after the receipt of the legal notice, the authorities had put on hold the construction of kiosks for some time. However, they again permitted constructions on the pavements adjoining the park in violation of the earlier order.
The high court, in its March 2018 order, had said, At the moment most of the pavements appear to be completely encroached. An appropriate enforcement action to ensure that minimum pedestrian use is available at any given point of time and at all times, shall also be ensured. Likewise, monitoring is directed on a day-to-day basis.