No hawking at Central Market of Lajpat Nagar: HC

Encroachments on the pavements by street vendors at the Central Market in Lajpat Nagar here could prove fatal in case of a calamity like the 1996 bomb blast, the Delhi High Court has said while directing that the area be maintained a no-hawking zone.
A bench of Justices G S Sistani and Vinod Goel said the then Lieutenant Governor had in 1996 declared the area as a no-hawking or squatting zone as emergency services could not reach the victims of a massive bomb blast that had occurred that year claiming 13 lives.
"This is a classic case where having learnt our lesson, we still refuse to adhere to the same," the court said with regard to the return of street vendors to the area despite the LG's clear directions that it was a no-hawking zone.

It noted that with the passage of time, the situation in the market area "has only worsened with the unabated influx of people and street vendors".
"The effect of this is fatal and suicidal as in case of a calamity, no vehicles of emergency services, including ambulances or fire trucks, can reach the spot and relief would be hampered on account of obstruction on the roads and by- lanes," the bench said.
It said if encroachers were allowed to continue, then it would amount to putting in jeopardy the lives and security of numerous persons who visit the market daily.

"Being pitched between the conflicting rights of livelihood of the street vendors versus the life and security of the public in general, including the street vendors, we are of the opinion that the former must bow to the latter as, without life and security, no question of earning a livelihood can arise," the bench said.

It made the observations and issued the direction to the South Delhi Municipal Corporation (SDMC) and the Delhi Police to maintain the Central Market area as a no squatting zone while allowing a plea by an association of the shopkeepers seeking removal of street vendors and hawkers from the area.

The bench in its 50-page judgement directed the police and the corporation to ensure that once the area is cleared of street vendors, such persons should not return there.
The SDMC was also directed to carry out regular eviction drives with the assistance of the police and maintain a list of persons removed from the area to identify repeat offenders and take action against them.
The court made it clear that the zonal head of the SDMC and the SHO of the area shall be personally liable to ensure the directions of the bench are not flouted.
The bench also said that any person aggrieved by unlawful vending in the area was at liberty to approach the SDMC or the SHO at the first instance and then the court.

It said that these directions shall continue to be in effect till the Town Vending Committee comes into operation and finally decides whether the area is to be a vending zone or not.