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Delhi HC calls special meet to discuss street vending plan
The court noted that there was no application of mind while implementing the 2014 street vending act in the capital.
oting “a big disconnect” in the implementation of the Street Vendors Act in the Capital, the Delhi high court on Wednesday called a special meeting with officers of all the civic bodies and other stakeholders on Saturday to discuss the issues.
A bench of justices Vipin Sanghi and Jasmeet Singh, hearing a bunch of pleas challenging the Street Vendors Act, said that it was “mindful” that it is not a working day, but added that the meeting is necessary considering the urgency of the matter.
“We have been hearing these matters for some time... It appears to us that to sort out issues in relation to implementation of the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2014, in the manner in which the Act envisages the process of implementation, it would be appropriate to call a meeting with the chairpersons of all the three municipal corporations, the New Delhi Municipal Council, the Delhi Cantonment Board and the director concerned of the DDA,” the bench said in its order.
The high court was hearing a bunch of pleas, through advocate Sanjeev Ralli, seeking to set aside the September 17, 2019, notification issued by the Delhi government for constituting a town vending committee (TVC) for the entire NDMC area. The petitions contended that there is no statutory plan for street vending as mandated under the Street Vendors Act and this needs to be prepared by NDMC and approved and notified by the Delhi government.
The directions on Wednesday came after the court noted that the corporations were not applying their mind and failed to understand how the Act should work. “You are just not working the Act the way it is supposed to work. The purpose of the Act is to regulate it (hawking and vending activities). You are not doing that. Let us have a meeting at 3pm Saturday. It will be a chamber meeting,” said justice Sanghi.
The court said that it wants to hold a face to face exchange to understand how the civic bodies feel that the Act should be implemented, along with steps to be taken in case of changes.
“The way we look at it is that the Act says plans will be prepared. For that, the area has to be surveyed by experts, traffic police, fire department, law and order, public works department. There should be measurement of open areas, demarcation has to be there, to say you will not hawk here. Then what kind of activity will be permitted, what kind of vending, all this has to go into it... Take as a test case any area and do it. See how it works. Today it has become impossible to walk in areas like Chandni Chowk etc,” the court said.
When senior advocate Rahul Mehra for the Delhi government said the Chandni Chowk area has improved after redevelopment, the court said, “You claim credit for the work done and what is it being reduced to? All the areas are being encroached upon, all places are unhygienic. What is the point of doing the exercise then?”
The matter would be heard on December 13.
