A bench of justices Pradeep Nandrajog and Jayant Nath has also reserved its order on a contempt plea filed for flouting the court's earlier order asking the South Delhi Municipal Corporation of Delhi (MCD) to immediately remove the garbage dumped at the Subzi Mandi area of Okhla here.
The court had also directed the Delhi Police to ensure hawkers' safety.
The bench during the hearing asked the hawkers to settle the issue among themselves, but later decided to pass an order saying "if it will not decide the matter, the issue will prolong".
The court was hearing a Public Interest Litigation (PIL) filed by Delhi Shramik Sangathan (DSS) through its lawyer Indira Unninayar against the Delhi Police and MCD seeking to restore their rights as vendors in the area.
Also Read
The petition was filed by around 130 hawkers of Harkesh Nagar Subzi Mandi Okhla Industrial Area Phase II who have formed an association -- DSS -- and said that police was harassing them to vacate the premises and demanding 'hafta' (extortion money) where they have been hawking since past more than 20 years.
Petitioners' counsel Indira urged that these poor hawkers were being forced to ply their trade in sub-human conditions.
"The scavenging or removal of garbage and filth was an obligation of MCD, but instead, it was illegally dumping garbage in the area. Such filthy conditions were absurd obstacles in the way of their occupation, when vending or hawking has been repeatedly upheld as a constitutional right in this country," the lawyer contended.