Introduction:
In the case titled Sarojini Nagar Market Rehari Patri Howkers Vikas Samiti v. New Delhi Municipal Council & Ors., the Delhi High Court, presided over by Justice Mini Pushkarna, intervened to restrain unauthorized constructions and encroachments in the bustling Sarojini Nagar Market. The Court passed strict interim directions upon observing serious concerns about illegal constructions and misuse of commercial space by shopkeepers in the market. The petitioner in the matter, Sarojini Nagar Market Rehari Patri Howkers Vikas Samiti, approached the Court seeking directions for removal of illegal encroachments and construction activities allegedly carried out by various shopkeepers, in blatant violation of the layout plan sanctioned by the civic body, New Delhi Municipal Council (NDMC).
Arguments:
The petitioner highlighted that these unauthorized modifications and expansions not only defy municipal regulations but also hinder the rights of hawkers and small vendors operating in the vicinity. It was further asserted that the NDMC has failed in its duty to monitor the area effectively and to prevent ongoing illegal construction work despite repeated representations made to the municipal authority.
In response to the petition, NDMC, represented through counsel, submitted that a comprehensive survey was currently underway as part of a broader redevelopment plan for Sarojini Nagar Market. The counsel assured the Court that necessary action would be initiated after the conclusion of the survey, which was estimated to be completed in 10 to 12 weeks. NDMC emphasized that any step taken at this stage might interfere with the ongoing redevelopment efforts and asserted that the survey would provide an accurate depiction of the present extent of unauthorized constructions and encroachments.
Judgement:
Justice Mini Pushkarna, after considering the submissions, acknowledged the gravity of the issue and emphasized that unauthorized construction could not be permitted to continue under any circumstances. The Court noted that irrespective of the ongoing survey, it was imperative for NDMC to take immediate steps to prevent any new illegal activities. Accordingly, the Court directed NDMC to file a detailed affidavit or status report outlining the extent of encroachment by various shopkeepers and specific actions proposed against such violations. The Court also issued a clear mandate that if any fresh unauthorized construction or encroachment was found taking place in the market, the same must be halted forthwith by NDMC.
The matter is now scheduled for further hearing on October 31. This interim order marks a significant judicial intervention aimed at ensuring compliance with municipal planning regulations, maintaining public order, and upholding the rights of all stakeholders in a highly congested and commercially valuable area of the city.