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HIGH COURT OF DELHI
Date of Decision: 08th FEBRUARY, 2023 IN THE MATTER OF:
MUSHTAQUE AHMAD ..... Petitioner
Through: Mr. M. M. Kashyap, Ms. Poonam Sethi and Ms. Swati Jain, Advocates.
Through: Ms. Beenashaw Soni, Standing Counsel for MCD with Ms. Mansi Jain and Mr. Bhupesh Dandotra, Advocates.
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
JUDGMENT
1. The instant writ petition under Article 226 of the Constitution of India has been filed as a Public Interest Litigation (PIL) for a direction to the Respondents to shift Thursday weekly bazar of Shastri Park to some other place.
2. It is stated by the Petitioner that on 03.11.2022 at 04:00 PM when he was passing through the lane where Thursday weekly bazaar is conducted at Shastri Park to meet his friend, he faced difficulty to reach the house of his friend owing to heavy rush. He submits that it was impossible for him to go through the lane to meet his friend owing to congestion. It is further stated by the Petitioner that other than the difficulties faced by persons in passing through that lane on the day when weekly bazaar is conducted, in case of fire in that area, a fire brigade will not be able to enter the area. He submits that it will also not be possible for an ambulance to enter in the area on the day when weekly bazaar is conducted at Shastri Park in case of any emergency.
3. The Petitioner, therefore, submits that the Thursday weekly bazaar is being conducted contrary to the directions of the Hon’ble Supreme Court. The Petitioner placed reliance upon an Order dated 06.02.2007 passed by the Hon’ble Supreme Court in a batch of petitions i.e., W.P. (C) 1699/1887 etc. The Petitioner has also placed reliance upon a scheme framed for Squatters/Hawkers in the year 2007 by the MCD vide Resolution No.377 dated 25.10.2004 approved by the adoption of National Policy on Urban Street Vendor, 2004.
4. The Respondent/MCD has filed its reply. It is stated in the reply that the weekly bazaars are being run at different parts of the city in accordance with the Standard Operating Procedure which has been framed by the MCD. It is further stated in the reply that as per the directions of DDMA vide Order bearing Ref. No.F2/07/2020/S.t/part file-IV/324 dated 30.09.2020, and a Circular dated 07.10.2020 bearing Ref. No.D-No.2199/AC/SII/S/2020 which has been issued by the Respondent/MCD, weekly bazaars have been allowed in Shahdara South Zone subject to the fulfilment of Standard Operating Procedure.
5. It is stated by the learned Standing Counsel for Respondent/MCD that the weekly markets cater to the needs of the residents of the area and also facilitate the hawkers to earn their weekly livelihood from the weekly bazaars. It is stated that weekly bazaars are organized to meet the needs of the residents of the area and the poor people who reside at nearby places. It is also stated that items sold at weekly bazaars are available at a price which is lesser than the prices at which items are sold at regular markets.
6. It is further stated that the Apex Court has also approved the scheme made by the Municipal Corporation of Delhi and New Delhi Municipal Council which has fixed the locations where the markets are to be conducted, days on which the markets are to be conducted and the timings for weekly bazaars.
7. Heard learned Counsel appearing for the Parties and perused the material on record.
8. Material on record shows that the East Delhi Municipal Corporation by a decision dated 07.10.2020 finalized the schedule for running of weekly bazaars (two weekly markets per day per zone) and according to the schedule, every Thursday evening a weekly bazaar is run at Shastri Park. The following directions in respect of running of weekly bazaars have been issued by the Competent Authority which read as under: “1. Vending site demarcation (6'x[4]) to be carried out in every weekly bazaar by drawing lines with yellow paint. Two vending sites shall be six feet apart and no goods shall be allowed to be kept in the open space. In case of violation, Licensing Inspector to take enforcement action. Marking shall be strictly as per the weekly market map and permitted length of the road should be utilized for running of weekly market. (Action by maintenance division concerned and General Branch)
2. Circles to be drawn with yellow paint for buyers for maintaining social distance. (Action by maintenance division concerned).
3. No plastic/polythene bags will be used below 50 micron. (Action by General Branch).
4. Timings of weekly bazaar shall be 4.00 PM to
10.00 PM. The Licensing Inspector concerned will be available in the weekly bazaar from 04.00 PM to 10.00 PM along with truck and labour and will coordinate with Delhi Police and local administration for ensuring compliance of directions of DDMA LI Concerned will be responsible for revenue collection in the weekly markets ( Action by General Branch).
5. Each vendor shall wear a mask and also keep hand sanitizer ready for the buyer. No joining or merging of stall will be allowed.
6. Weekly bazaar stalls shall not make a way into the containment zone, if any.
7. The local SHO of Police Station coming under jurisdiction of Shahdara South Zone are requested to ensure that no weekly bazaar except mentioned in this letter are allowed to run in their area.”
9. A perusal of the above directions shows that there is a Standard Operating Procedure for running the weekly bazaars. As correctly stated by the learned Standing Counsel for MCD that migrant workers and poor people come to the weekly bazaar to buy goods for the week which is available at a price which is lesser than the prices at which items are sold at regular markets. The weekly bazaars also facilitate the hawkers to earn their livelihood from the weekly bazaars.
10. A further perusal of the material on record shows that these weekly bazaars are monitored by the MCD. There is a Licensing Inspector for coordination and to enforce the guidelines which have to be followed by the vendors. It has also been stated by the learned Standing Counsel for the MCD that the directions in respect of the weekly bazaars are being followed by the vendors and the authorities.
11. Material on record further indicates that other than the difficulty faced by the Petitioner to reach the house of his friend due to the heavy rush on a day of weekly bazaar in the area, nothing has been shown by the Petitioner that any guidelines and directions have been violated in the conduct of weekly bazaar at Shastri Park. Only bald statements have been made by the Petitioner that the National Policy on Urban Street Vendor, 2004 is not being followed by the authorities without showing anything as to how the weekly bazaars violate the said Policy.
12. These are matters of policy which must not be interfered by writ court. The direction which is sought by the Petitioner to shift Thursday weekly bazaar of Shastri Park to some other place cannot be accepted by the Court. It is well settled that it is not for the Courts to decide as to where weekly bazaars must be conducted. Places where the weekly markets should be conducted have been designated by the MCD in accordance with the National Policy on Urban Street Vendor, 2004 and the relevant rules and regulations. As stated above, nothing has been placed on record by the Petitioner to show that any of the guidelines, directions or rules and regulations have been violated in conducting weekly bazaars.
13. In view of the above, the petition is dismissed, along with pending application(s), if any.
SATISH CHANDRA SHARMA, C.J. SUBRAMONIUM PRASAD, J FEBRUARY 08, 2023