Court Balances Infrastructure Development with Vendor and Pedestrian Rights, Directs MCD to Act Within Four Weeks
In a significant judgment balancing urban development with individual rights, the Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to find an alternate vending space for Ranjit Kumar, a disabled street vendor, who was evicted due to the ongoing Regional Rapid Transit System (RRTS) project. The bench, comprising Justices Prathiba M. Singh and Vikas Mahajan, emphasized the need to respect pedestrian rights while accommodating the livelihoods of street vendors, particularly those with disabilities.
The case arose when Ranjit Kumar, who holds a Certificate of Vending and has a 40% locomotor disability, was displaced from his vending site near the Sarai Kale Khan area. This eviction was part of a broader initiative to clear unauthorized vendors around the new transit hub, ensuring unimpeded access for commuters.
The court acknowledged the necessity of infrastructure projects but underscored the importance of balancing these with fundamental rights, including the right to safe walking spaces as recognized by the Supreme Court. The judgment highlighted the need for demarcated pedestrian paths and adequate walking spaces, particularly in high-traffic areas like metro stations and transit hubs.
In its order, the court expressed empathy for Kumar's situation, directing the MCD to identify a nearby alternative space for him to continue his vending activities without adversely affecting his livelihood. The court mandated that this identification process be completed within four weeks.
The court's decision also referenced the challenges faced by authorities, including rampant encroachment around the transit hub. Despite these challenges, it stressed that the rights of street vendors must be preserved, provided they comply with the conditions of their vending certificates.
This judgment reflects a nuanced approach to urban planning, where the rights of individuals and the need for infrastructural development are carefully balanced. The directive to the MCD serves as a reminder of the state's duty to protect the interests of marginalized groups, including persons with disabilities, while pursuing developmental goals.
Bottom line:-
Disabled street vendor evicted due to infrastructure project - Authorities directed to identify alternate vending space within stipulated time while balancing rights of vendors and pedestrians accessing public transport hubs.
Statutory provision(s): Civil Procedure Code, 1908 Section 151, Fundamental Rights
Ranjit Kumar v. Sub Divisional Magistrate Jangpura, (Delhi)(DB) : Law Finder Doc id # 2948876
