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SC permits SDMC to make Nehru Place “No Hawking Zone”

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Ambika Bhardwaj

Published On: January 07, 2022 at 14:59 IST

The Supreme Court on 6th January permitted the South Delhi Municipal Corporation (SDMC) to carry out its approach to build Nehru Place a ‘no hawking, no squatting zone,’ dismissing a Plea lodged by some hawkers.

The Supreme Court affirmed a Delhi High Court decision from 2017, which stated that hawkers do not have the Right to occupy public areas.

It consented with the SDMC’s position that unlicensed hawkers needed to be removed out from region and revoked the security granted to several hawkers in 2018.

Senior Advocate Sanjiv Sen, making an appearance for SDMC, told the Supreme Court bench of Justices M R Shah and B V Nagarthana that the Lieutenant Governor took the decision to declare Nehru Place District Centre a No Hawking Zone in 2009, and that the Judgement was in accordance with the commands of the Delhi High Court, which had permitted the power to specify a system to relocate the hawkers to another location.

He claimed which even the Supreme Court had ruled that no one has a Constitutional Right to hawk from any specific place, and he cited a recent fire instance in which firefighting vehicles were unable to turn up on time due to intrusion in the region.

Despite the fact that the decision to declare the area a No Hawking Zone was made as much as a decade ago, it was yet to be implemented because of several rounds of Litigation.

Also with Supreme Court’s decision, SDMC has become free to remove unlicensed hawkers from the region.