HC raps NDMC for not surveying pavement kiosks

Shocked over delay in start of compliance of its order to conduct the survey of road-side kiosks by NDMC, the Delhi High Court has directed the civic body to carry out the exercise within one week.
"It is quite shocking that it has taken so much time for NDMC to start complying with the order of September 11, 2014, as the period of 12 weeks granted by the single judge ended on December 11, 2014," a bench of justices Kailash Gambhir and Najmi Waziri said.
"Let this entire survey be completed within another period of one week and status report be filed by NDMC along with action taken report before the next date of hearing," it said and directed the DCP concerned to make available necessary police assistance to NDMC.

The court also directed New Delhi Municipal Council (NDMC) that while carrying out the survey, it should stop all unauthorized activities being carried out on the pavements and remove them from the space beyond the licensed area as the footpaths are meant for pedestrians and not for hawkers.
It directed NDMC to take action against the defaulters saying that "in an ever-burgeoning city like Delhi with the daily quantum increase in the already heavy vehicular traffic, the rights of the pedestrians cannot be compromised; nay it would need to be zealously protected, lest the innocent pedestrians be compelled to use the main streets with fast- moving traffic, at her/his own peril."

The bench issued the directions after seeing the pictures showing "a highly objectionable, indeed horrifying state of affairs" with occupants of the pavement kiosks carrying on various kinds of activities far beyond their allotted spaces and blocking spaces meant for pedestrians.
"By definition, footpaths are meant for pedestrians, and the latter have a first right over these paths. In the name of providing livelihood to hawkers in the metropolises, the rights of pedestrians cannot be compromised.
"Orderly streets and footpaths are the hallmark of an organised and civilised society. Commercial interests will have to bow to social order and public interest and public convenience. The licensees of shops/kiosks/pan tharas on footpaths cannot spill onto or encroach upon public space," the court said.