The Delhi High Court has declared the Nehru Place District Centre area as a “No-hawking zone” and “No-vending zone”.

A division bench comprising Justice Prathiba M Singh and Justice Dinesh Bhatt made the declaration while permitting 90 identified vendors to temporarily vend from a designated site pending a decision by the Town Vending Committee-II (TVC-II).

The Court observed that in view of repeated judicial orders declaring the area a no-hawking and no-vending zone, vendors other than those specifically identified in the proceedings have no valid vending rights in the Nehru Place District Centre.

“…. if the street vendors are vending in a 'No-vending zone', the MCD or the concerned authority has a duty to assist them in moving from a 'No-vending zone' to a vending zone, so as to provide the street vendors with a workable alternative from where they can earn their livelihood,” the Court observed.

The Bench was dealing with a batch of pleas and a contempt petition concerning hawking and vending in Nehru Place.

The litigation dates back to a 2009 judgment in Manushi Sangathan v. DDA under which 67 vendors had initially been permitted to vend in a demarcated area of Nehru Place. Subsequently, the High Court declared the District Centre a no-hawking and no-vending zone. The said position was not interfered with by the Supreme Court.

The Court noted that more than 400 vendors were presently vending in the Nehru Place District Centre, most of whom were “clearly unauthorized”. It identified 90 vendors who had either been protected under earlier court orders or were parties to the present proceedings.

Accordingly, the Court directed the 90 vendors to shift to a designated Site X by October 12. It clarified that the TVC-II will determine whether the vendors are entitled to Certificates of Vending and, if so, the area in which they may vend. The decision has to be taken within two months of the constitution of TVC-II.

“Insofar as the Nehru Place District Centre area, except the identified portion above as marked X, the entire Nehru Place District Centre is declared as a 'No-hawking zone' and 'No-vending zone',” the Court said.

After October 12, the MCD has been permitted to remove all unauthorised vendors. Following their removal, the Delhi Fire Services has further been directed to inspect the District Centre and submit a compliance report.

The Court has directed the Delhi Police to cooperate with the MCD and DDA in ensuring compliance with the order.

The Court directed TVC-II to communicate its decision to the vendors in accordance with Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.