The SC upheld the Delhi HC verdict adopted in 2017, claiming that hawkers cannot occupy public spaces as of right. He agreed with SDMC’s position that unauthorized hawkers should be removed from the area and withdrew the protection given to some of the hawkers in 2018.
Senior attorney Sanjiv Sen, appearing for SDMC, told the SC magistrate MR Shah and BV Nagarthana that a decision to declare the district center of Nehru Place as a no-go zone was taken in 2009 by the lieutenant governor and that the decision was compliant. with the orders of the Delhi High Court by which she had authorized the authority to draw up a plan to move the hawkers to another location. He said even the Supreme Court ruled that no one has a basic right to peddle from a particular location and brought to court a recent incident of fire in which anti-fire vehicles fire could not reach in time due to encroachment in the area.
Although the decision to declare the area a hawk-free zone was taken more than a decade ago, it could not be fully implemented due to several rounds of litigation before the High Court and Supreme Court.
In September 2017, the High Court dismissed a batch of pleas from hawkers seeking protection from eviction from the area after noting that their names had not been found mentioned in either of the two lists of regular street vendors, who have been prepared under the direction of the Supreme. Court by the Thareja and Chopra committees. Damaged by HC’s order, they appealed to the Supreme Court, which granted them temporary protection.
With the Supreme Court ruling on the case, SDMC is now free to evict unauthorized hawkers from the region.