latest IP UPDATES

The Supreme Court has held that all those transfers of tehbazari and hawking rights taken place after February 6, 2007, as illegal and invalid.

A bench comprising Justices SB Sinha and Mukundakam Sharma also directed that all those persons who have transferred their tehbazari/vending sites after February 6, 2007, in violation of the apex court order, could be evicted under due process of law.

The apex court, however, legalized all transfers and sales of tehbazari/vending rights made prior to the cut off date.

The court also directed MCD and NDMC to conduct photo census of all the squatters and hawkers allotted tehbazari and vending sites.

The court in its order said, ‘we direct the MCD to take immediate steps for carrying out photo census of all the existing squatters and hawkers allotted tehbazari/vending sites.’ The photo census would be compulsory for all future allotment also, if any. The MCD was also directed to maintain proper records of the photo census.

The court, however, left it to the discretion of the MCD as far as the issue of reducing the area of pavment being reduced to less than five feet to make more space available for vendors as the issue was in the domain of policy decision.

Mr Justice Sharma, writing a 19 page judgement for the bench, also took note of the fact that sharp increase in the population of National Capital was leading to a rise in the number of hawker and squatters which is now more than one lakh.

The NDMC, however, made it clear before the court that it was not willing to reduce the width of footpath in NDMC area.