HC directs Commissioners of Police, North MCD to monitor removal of encroachment, illegal vending in Chandni Chowk

PTI, Feb 28, 2022, 8:43 PM IST

The Delhi High Court Monday directed the Commissioners of Police and North MCD to continue monitoring and supervising, through their officers, removal of unauthorised encroachments, hawking and vending in Chandni Chowk area here and observed that the illegal activities were not happening in secrecy but in broad daylight.

The court directed Delhi Police and North MCD to continue with the exercise irrespective of whether the unauthorised encroachments, hawking and vending was being resorted to by the shopkeepers, hawkers or vendors.

“We again direct Commissioner of Delhi Police and Commissioner North MCD to continue to monitor and supervise through their respective officers the removal of unauthorised encroachments, hawking and vending in Chandni Chowk area irrespective of whether it is the shopkeepers or the hawkers and vendors who may be resorting to the same. Further status report be filed. List on April 19,” a bench of Justices Vipin Sanghi and Dinesh Kumar Sharma said.

“This is not something happening in secrecy. It is happening in broad daylight. It is being seen by everyone. How is it that it is not seen by police and MCD officials… Pathways and walkways are encroached upon completely. This is a historic place, people from all over come here to visit and shop. Shahjanabad was redeveloped and inaugurated with such pomp and show but the situation is the same again. Sensitisation is needed,” the bench orally said.

In pursuance to the court’s earlier, Delhi Police Commissioner Rakesh Asthana and North MCD Commissioner Sanjay Goel were also present at the hearing through virtual mode.

The court said it had to call for the appearance of the two senior officers as despite its repeated orders, the situation on ground was not improving.

“We have sensitised both the Commissioner of Delhi Police as well as the Commissioner North MCD with regards to implementation of the our orders passed in these proceedings from time to time with regards to removal of encroachments in Chandni Chowk area,” the bench said.

Asthana submitted to the bench that the police was committed in ensuring that no illegal hawking or vending or encroachment takes place in the market area or bus stands and walkways and that instead of 330, Delhi Police has installed 508 CCTV cameras in Chandni Chowk with public private partnership arrangement with the help of local market welfare associations.

He said the agency was in the process of installing more CCTV cameras in the area in the next few weeks and added that 24X7 feeds from these cameras are being collected and monitored at the control room.

Additional Solicitor General Sanjay Jain and additional standing counsel Anuj Aggarwal, representing Delhi Police, referred to the status report filed by it and said these cameras also have night vision capacity and further 68 cameras are being operationalised soon which will advance the numbers to a total of 576 cameras.

Goel updated the court regarding the work done by the concerned authorities on preparation of Town Vending Plan under the Street Vendors Act.

He said an independent consultant has been engaged and 2,760 sites have been identified for hawking and vending which include 500 in the SRDC area during the evening period.

He said 2,436 certificates of vending have been issued by the Town Vending Committee (TVC) including 1,334 found in the no-hawking, no-vending zone and the number of sites identified would accommodate the existing street vendors though there may be some relocation undertaken.

Advocate Naushad Ahmed Khan, representing the Public Works Department, said they have installed 130 cameras but the control room is not yet functional in respect of these cameras.

The bench agreed with him that the CCTV feed received from all these cameras which are installed could be properly monitored so as to exploit their functionality and utility otherwise it would serve no purpose if cameras are installed, videos are captured but not actioned.

“We are therefore of the view that a dedicated team of officers/ personnel be developed and utilised for the purpose of monitoring the CCTV feed in control rooms whether these control rooms are of the Delhi police or of the PWD.

“We direct the Superintending Engineer, PWD to make the control room functional in the next two weeks and thereafter it should be handed over to Delhi Police. Other state authorities should cooperate with PWD to enable it to operationalise the control room,” the bench said.

The court was hearing a plea by Chandni Chowk Sarv Vyapar Mandal, represented through senior advocate Sanjeev Ralli and lawyer Mohit Mudgal, seeking direction to the authorities to remove illegal hawkers and vendors from the no-hawking and no-squatting area in Chandni Chowk, which has recently undergone redevelopment.

The high court had earlier said that anybody who was encroaching upon public space must be removed and it cannot be permitted that the whole pavements in markets are covered with encroachment leaving no space for people to walk.

On Monday, Ralli submited that it had earlier been decided by nodal officer that the CCTV control room of PWD be also put under the control of Delhi Police and once the control room is made operational, the police be entrusted with the task of monitoring the same.

The court directed the police to make necessary deployment of beat constables who are properly trained and sensitised to deal with the aspect of illegal encroachments in Chandni Chowk area.