Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Articles 19(1)(g) and 19(2) New Delhi Municipal Committee |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | New Delhi Municipal Committee-Hawkers/Squatters-A/location of sites-Recommendations of Thareja Committee-Acceptance of with modifications-Appointment of Chaturvedi Committee-Guidelines and directions issued for a/location of sites-Right to change of trade-Held, trade should not be unlawful or one in luxurious goods or smuggled goods-N.D.M C. may impose reasonable conditions consistent with Articles 19(1)(g) and 19(2) of the Constitution-Constitution of India-Articles 19(1)(g) and 19(2). The New Delhi Municipal Committee, consequent upon the directions of this Court in Sadan Singh v. NDMC, [1989] 4 SCC 155, framed a scheme with regard to allocation of sites to squatters/hawkers within NDMC area. It divided the area into five zones and identified the places where the squatters/ hawkers could be permitted to trade in each zone. Under the Scheme, trade was permitted only in non-licensable goods excluding luxury items imported or smuggled goods and cooking of sale of food items exposed to dust which could cause health hazard. Thereafter, the matter was placed before a Lok Adalat which observed that the work of allocation of sites to individual claimants should be given to a Committee. This Court ordered for appointment of the Committee and ultimately Shri Thareja, a Judicial Officer of Delhi, was appointed as a one member-Committee. The Thareja Committee identified 116 places in 14 sub-areas of the five zones and found that only 760 individual claimants were eligible to be accommodated. This figure was in addition to the cases of hardship. The Committee compiled the names of eligible applicants, their trade, their seniority and details of the area occupied. The claimants were divided in three groups: (i) those continuing from prior to 1977: (ii) prior to 1977-80 and (iii) between 1981-87. As to eligibility of squatting at various places the Committee considered the eligibility of the claimants and made tentative allotments subject to final allotment later on after the identified sites were approved by this Court with the scheme for allocation and the list of identified squatters was finalised. The Thare.ia Committee passed detailed orders and filed its report before this Court. The instant 130 interim application were filed challenging the orders passed by the Thareja Committee. It was contended for the NDMC that 33 important places in the five zones were wrongly included by the Thareja Committee for allocation of sites to squatters/ hawkers and they had to be excluded. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1998 INSC 64 |
Petitioner | Sodan Singh |
Respondent | N.d.m.c. And Ors. |
SCR | [1998] 1 S.C.R. 629 |
Judgement Date | 1998-02-04 |
Case Number | 560 |
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