CJP Tiranga Protest | 'If NDMC Order Is Disproportionate, We'll Act' : Supreme Court On Traders' Plea Against Delhi Central Park Shutdown
"If there is a loss of business, and we hold that it is unlawful to your clients, we will exercise our powers under constitutional tort jurisdiction," J Bagchi said.
The Supreme Court on Friday orally observed that it will exercise its powers if there is any unlawful loss of business caused by the shutdown of Delhi's Connaught Place on account of the Tiranga protest announced by the Cockroach Janata Party.
On an oral mention seeking the listing of the petition, the bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi stated that if the restriction imposed by the New Delhi Municipal Corporation is found to be disproportionate, then the Court will act as per the principles evolved for compensation.
The Court agreed to list the matter on October 26/27, after the Dussehra break.
Advocate Jai Anant Dehadrai mentioned a petition filed by the Delhi Kirana Committee and Delhi Iron and Hardware Merchant Association expressing concerns over the call for protest made in the Central Park, which, he said, will obstruct trade worth Rs 200 crores a day. He submitted that the New Delhi Municipal Corporation has put out a notice last night shutting down the place.
The bench then pointed out that the Delhi High Court was already hearing a similar matter. The counsel however claimed that the present matter was different.
"It is not different. They are all related. Someone wants to protest, someone wants to sell moongfali, someone wants to law and order, all are related," Justice Bagchi said.
The counsel then submitted that since the festival season is coming, the obstruction of the place will cause huge loss of business.
The CJI said that the Court can only list the matter on the re-opening day after the Dussehra break. CJI Surya Kant also said that trade disruption can affect the livelihood of many families.
"We hope better sense will prevail on every one...we know that all small shopkeepers, they earn their livelihood during these days. We know the hardship and difficulty entire families will face," CJI Surya Kant said.
The bench however maintained that it can only list the matter after the vacation. When the counsel pressed further, Justice Bagchi stated that if the Court finds that there was unlawful loss of business, the Court will exercise its powers to grant compensation, applying the principles of Constitutional tort.
"If there is a loss of business, and we hold that it is unlawful to your clients, we will exercise our powers under constitutional tort jurisdiction. Let's cross that bridge when it comes," Justice Bagchi said, saying that the matter will be taken up on October 26.
When the counsel underscored that the NDMC notice will effectively shut down the entire business in Central Delhi, Justice Bagchi repeated, "If we feel that the NDMC's order is a disproportionate restriction, we told you, there is ample jurisdiction evolved by this Court under compensation and public law. We will act," Justice Bagchi said.