Nehru Place a big commercial area, should not become a slum: Delhi HC

NEW DELHI: The Delhi High Court on Wednesday asked the South Delhi Municipal Corporation (SDMC) to give its suggestions on managing squatters at Nehru Place saying such a big commercial area should not become a slum. A bench headed by Justice Manmohan, which was hearing a batch of pleas concerning vending in the Nehru Place area, asked the municipal body to “arrive at a broad consensus” with the other stakeholders and share its proposal within a week. The bench, also comprising Justice Navin Chawla, observed that until another bench of the high court decides the issues concerning town vending committees, prima facie it would allow the 95 vendors, who already have judicial orders in their favour, to continue hawking while strictly complying with the restrictions with regards to time, space and place imposed upon them

The court stated that the vendors have to follow the terms of the tehbazari and ensure that no goods or parcels are left behind during the night. “We will ask you (vendors) to comply and allow only those permitted by DDA to vend. Stay confined to your area and leave the place clean,” the court said. “Nehru Place is a big commercial area. It should not become a slum. Things are very bad,” it remarked. The court stated that while balancing competing interests, it must be seen that there is access to fire brigades in case of emergency. “In case of emergency, the fire engine must be able to reach the site. If goods are lying, they can’t be kept there. Your clients
(vendors) must ensure that goods are removed and they confine themselves to area earmarked… We will order seizure of goods
“We are concerned with fire brigade, that there is access. .. There can’t be excessive hawkers or excessive shopkeepers also. In an area for 60 people, 5,000 people can’t hawk,” the court further observed.
During the course of the hearing, the court also questioned SDMC if it has, in compliance of its last order, verified on the ground level that only those who were granted protection from court were running their vends in Nehru Place. It asserted that only those allowed by judicial orders can be permitted to operate from Nehru Place and there can’t be “reselling” of the spot. “We will haul up your commissioner, he is not complying with court orders… SDMC is not playing the role of a leader.

Don’t use our orders to increase rates… why did you not disclose that at 10 pm parcels (belonging to vendors) are lying there,” the court said. The court also asked the Delhi Jal Board to file an affidavit stating that it would finish all its digging work within three months. “No digging after three months. We are not able to do anything till your digging work is not over,” the bench stated. On August 13, the court had initiated a hearing on a PIL on its own after taking note of an incident of fire in a building at Nehru Place, District Commercial Centre. It had said the enormity of the problem was caused by hawkers and on social media, showing how difficult it was for fire tenders to access the building where the fire broke out. Pursuant to the court’s order, a mock drill was conducted by the Delhi Fire Service which disclosed that while none of the vehicles could reach the place where the fire broke out, the fire tenders could only reach up to upper plaza, while the lower plaza was not reachable. The report had recommended that the entries to the upper and lower plazas should be made clear by removing the boom barriers and barricades and all levels must be approachable to fire engines by a minimum six-metre-wide motorable road. The matter would be heard next on December 9.