- (1.) An affidavit has been filed on behalf of the Municipal Corporation of Delhi affirmed on 13th January, 2006. Information, which was required, has been given, but we find that all the Ward Vending Committees have not yet been constituted, particularly in the Central Zone. Ten Committees have yet to be constituted, which, we are told, will be constituted within two weeks. It is not possible for this Court to look into each individual grievance, neither will it be practicable for this Court to issue directions in each case. This being a Public Interest Litigation, we are only required to provide the guidelines consistent with public interest so that the roads, streets, footpaths, parks, etc. are not illegally occupied by unauthorized hawkers, squatters etc. We have also to keep in mind the principle that the right to use the pathway, footpath etc. is that of the citizens. No hawker can claim a right to defeat the rights of other citizens. The hawkers are large in number, but the population of citizens is many times more than that of hawkers and, therefore, the fundamental rights of the citizens cannot be put in jeopardy by permitting hawkers and squatters to block roads, footpaths, public parks, etc., etc. The Authority, which frame a scheme, has to keep this paramount consideration in mind. Consistent with the rights of citizens, if it is possible to provide any space to hawkers, squatters etc., that may be done consistent with the policy to be framed by the concerned Authority. The Authority will have to consider on what principles hawking and no hawking zone have to be carved out. It will also have to consider in which zones no hawking activity can be permitted. It will also have to consider what nature of goods can be sold by hawkers, squatters, etc. so that cleanliness is maintained and at the same time free flow of traffic and movement of pedestrians is not obstructed. We do not wish to give the authorities an impression that the streets, lanes, footpaths and the parks exist only for hawkers. The reality is that they exist for the benefit of the ordinary people living in those localities. The concept of starting hawking business early in the morning or late in the evening may also have to be reconsidered in the light of recent developments in the city, particularly with the advent of Metro and progress made in widening roads for use by the ordinary citizens. We cannot lose sight of the fact that street hawkers have also increased in number. All these concerns are important and the authority framing the scheme must keep these considerations in mind. The scheme need not be populist in its appeal, but must be practical and consistent with the rights of citizens, who have a fundamental right to use the roads, parks and other public conveniences provided by the State.
(2.) These are other such considerations must permeate the thinking of the authorities, who have been vested with power to frame a scheme. We, therefore, call upon the Municipal Corporation of Delhi as well as the New Delhi Municipal Council to frame a scheme keeping in mind the National Policy on Urban Street Vendors, 2004. The National Policy has to be implemented keeping in view the conditions that exist in different parts of the city and no uniform formula can be applied. We call upon the M.C.D. and the N.D.M.C. to file their schemes with details within a period of eight weeks from today. The schemes must contain the reasons for the provisions made therein so that there can be a useful discussion and all persons interested may be able to participate with their own constructive suggestions. We are informed that the N.D.M.C. had framed a Scheme in the year 1989, but that may require revision in the light of changed circumstances and the National Policy on Urban Street Vendors, 2004. The N.D.M.C. may also in the light of these developments submit their Scheme with such modifications as they propose to make, if any. In any event, a comprehensive document should be placed before us containing the Scheme, the manner of implementation of the Scheme and the practical difficulties faced by the N.D.M.C. in implementing these Schemes.
(3.) While we undertake this exercise, we direct the Authorities to see to it that those persons, who are carrying on hawking activities or who are squatting on public land without any authority, even in accordance with the present day scheme in force, are removed forthwith. This includes unauthorized hawking, squatting on public streets, footpaths and public parks, including playgrounds. We direct the Delhi Administration to take steps immediately in collaboration with M.C.D. and N.D.M.C. with necessary assistance from Delhi Police to clear the roads, streets, footpaths, parks etc. by unauthorized occupants/squatters/hawkers. We expect that in the next two weeks steps will be taken by the concerned authorities to remove the unauthorized hawkers, squatters, occupants from the public roads, streets, footpaths, parks, etc. Let a Compliance Report be submitted to this Court within four weeks from today. We also wish to emphasize the fact that in doing so the Authorities must not discriminate, and if unauthorized persons have to be removed, there shall be no exception and all unauthorized persons must be removed. If we find cases where the Authorities have acted not in an impartial manner, we shall take action against such Authorities under our contempt jurisdiction. The Draft Schemes formulated by the M.C.D. and the N.D.M.C. shall be filed in Court on or before 30th April, 2006. Parties, who intend to make their submissions before us on the Schemes may obtain copies from counsel appearing on behalf of the M.C.D. and the N.D.M.C.;