Delhi HC Holds SHO Accountable for Chandni Chowk Encroachments

Delhi High Court emphasized that the SHO (Station House Officer) and Assistant Commissioner of MCD (Municipal Corporation of Delhi) will be personally accountable for addressing encroachments in the non-vending zone of Chandni Chowk.

The court ordered stringent vigilance and day-to-day actions against encroachments.

The division bench, consisting of Justices Tushar Rao Gedela and Ravinder Dudeja, issued this directive while resolving a petition presented by Chandni Chowk Sarv Vyapar Mandal.

The order, dated December 20, 2023, specifically stated, “Strict vigil and action on a day-to-day basis must be taken, and in case the encroachments are not removed or reoccur, the Assistant Commissioner of MCD of the concerned zone and SHO of Police Station Lahori Gate and Kotwali shall be held personally responsible.”

Additionally, the bench mandated that respondents adhere strictly to the actions outlined in the Special Task Force (STF) minutes of December 7, 2023. Non-compliance would be treated seriously by the court.

The STF minutes outlined a comprehensive plan, including regular joint encroachment removal drives by MCD and Delhi Police, vigilance by beat officials to prevent illegal hawking in restricted areas, provision of sufficient police personnel by DCP North, and regular review meetings by the STF.

The court recognized the compliance with its orders from November 22, 2023, and December 4, 2023, expressing satisfaction with the measures taken to handle unauthorized encroachments.

During the proceedings, Senior Advocate Sanjiv Ralli, representing the petitioner, highlighted various court orders issued during the case’s pendency.

The court, upon reviewing these orders, emphasized its commitment to enforcing the rule of law and controlling encroachments in non-vending zones.

The court held that the SHO of the concerned police station and the Assistant Commissioner of the relevant MCD zone would be personally responsible for ensuring the strict implementation of the STF’s directives.

The petitioner sought directions to prevent squatting and hawking in non-designated areas of City Zone, North DMC, including Chandni Chowk, Subhash Marg, and other notified areas.

The plea also requested authorities to ensure that areas cleared of illegal hawkers and squatters are not reoccupied for prohibited activities, and to comply with the Supreme Court’s directives regarding non-hawking/non-squatting areas in Delhi.