NEW DELHI: The Supreme Court in a recent order has observed that a hawker has no right to insist that he may be permitted to keep his goods and wares at the spot overnight.
“The prayer before the High Court was that the petitioner, who is a hawker in the Sarojini Nagar Market, be permitted to leave his goods and wares at the place of hawking overnight. The said prayer has been rightly rejected by the High Court. Any hawker can be permitted to hawk in the market only as per the hawking policy and not de hors the same. The petitioner, being a hawker, has no right to insist that he may be permitted to keep his goods and wares at the place where he is hawking overnight. We are in complete agreement with the view taken by the High Court. The concerned authority must act as per the hawking policy,” the Supreme Court observed in an order dated April 11.
The order was passed by a bench comprising Justice MR Shah and Justice BV Nagarathna.
The apex court was hearing a petition filed by a hawker operating in the Sarojini Nagar Market challenging an order of the Delhi High Court.
The hawker, Madan Lal, had sought directions from the high court to the New Delhi Municipal Council (NDMC) to grant him permission to leave his goods and wares overnight at the spot he carries out his hawking business during the day.
The high court had noted that the prayer sought by the hawker goes against the very concept of hawking as it would permit him to occupy any given area on a permanent basis.