Squatters told to clear out of NDMC areas

NEW DELHI, FEB 9: The Supreme Court today ordered immediate removal of all unauthorised squatters and hawkers in the jurisdiction of the New...

NEW DELHI, FEB 9: The Supreme Court today ordered immediate removal of all unauthorised squatters and hawkers in the jurisdiction of the New Delhi Municipal Committee (NDMC) on the basis of an intensive screening by the Thareja committee set up pursuant to a 1989 constitution bench judgment.

In the 1989 judgment, the court, acting on a public interest litigation by the hawkers, had held that hawkers cannot assert a fundamental right to occupy any place permanently on a pavement.

The court had directed the NDMC to frame a scheme with regard to the area where such activity could be permitted and as to the numbers of squatters to be allowed.

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After the scheme was framed, a judicial officer, Thareja was appointed the job of allotting kiosks to individual claimants. The committee screened more than 5,000 claimants before submitting its report to the apex court.

In its 36-page judgment bringing to an end the 1989 litigation, the apex court said the Thareja report showed that in several areas unauthorisedsquatters or hawkers had been allowed to conduct their operations and it had been alleged on behalf of the regular squatters that this had been in collusion with the NDMC or officers of other departments and should be stopped forthwith.

“We are of the view that these persons should be removed forthwith and that it was not not necessary to wait for final allotment of sites to the eligible claimants”, the judgment said.

The judges directed that the unauthorised hawkers trading at the places recommended by the Thareja committee or suggested by the NDMC — which had now been accepted by the court — should be removed by the NDMC within one week from today.

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The NDMC shall ensure that in future no unauthorised squatter conducts his trade at the places accepted by the Thareja committee and by this court.“We make it clear that if the above directions are violated by the NDMC, it may call for serious action from this court. It will also be open to the authority whom we propose to appoint for deciding finalallotment to the eligible squatters as well as quantum of arrears of tehbazari charges for the period of squatting after 1990”, the judges said.

Taking into consideration cases where hawkers wanted to change their trade, the court held that in this matter if the NDMC imposed conditions which were unreasonable or arbitrary or contrary to any provisions of law it would be open to aggrieved parties to move the courts.

The court appointed V.C.Chaturvedi joint registrar of the Delhi high court to undertake the duties and functions it had enumerated and complete the job within six months.

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