Delhi HC directs MCD to relocate Karol Bagh's Teh-bazari shops to Panchkuian Road
Dec 12, 2022
New Delhi [India], December 12 : The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to relocate 45 Teh-bazari shops situated at Bhagwati Market, Karol Bagh to the proposed site i.e. behind the already existing market at Panchkuian Road.
The directions came in a Contempt Petition filed by a Lawyer and Activist Amit Sahni against the officials of MCD.
MCD had sealed 45 Teh-bazari shops situated at Bhagwati Market, Karol Bagh early this year and the shop owners were moving from pillar to post for the purpose of getting shops de-sealed.
The development had come pursuant to MCD's decision to sell its 95 years old primary school to a private builder Omaxe on the pretext of constructing multi-level parking. The issue was taken up by the Lawyer and Activist Amit Sahni by filing a Public Interest Litigation (PIL), which is currently pending before the Chief Justice Court.
In furtherance of shifting the Teh-bazari shops, the MCD had started construction of shops on the pavement adjoining Ajmal Khan Park, Karol Bagh.
The contempt petition was filed by Advocate Amit Sahni against the Commissioner, Deputy Commissioner and other officials of North MCD stating it a violation of directions passed by the Delhi High Court that the pavements are meant to be used by the pedestrians and all authorities have been directed to remove encroachment over the pavements to ensure free flow movement for striders.
The Division Bench of Delhi High Court headed by Justice Mukta Gupta and Neena Krishna Bansal while staying the encroachment over the pavements done at the instance of North MCD had also issued a contempt notice to the Commissioner, Deputy Commissioner and other officials of North MCD and contemnors were directed to personally appear before the Court. Later on the encroachment/construction over the pavement near Ajmal Khan Park, Karol Bagh was removed by the MCD officials and the report was filed before High Court.
Thereafter, the MCD started raising construction over similar pavements at Karol Bagh Bus Terminal, Deshbandhu Gupta Road. Activist Amit Sahni filed an application stating that further contempt was committed by the MCD officials alongwith the objections raised by the Public Works Department (PWD) and Delhi Jal Board, to which the Division Bench of Justice Siddharth Mridul and Justice Amit Sharma had issued notice and asked the MCD to file its response.
Eventually, MCD filed a proposal for the shifting of 45 Teh-bazari shops situated at Bhagwati Market, Karol Bagh by way of an Affidavit stating that these shops can be shifted to Panchkuian Road, Ramesh Nagar and Moti Nagar, which was then accepted by the Division Bench headed by Justice Siddharth Mridul and Justice Talwant Singh and the Court directed to de-seal the shops here at Bhagwati Market in Karol Bagh with further directions to relocate them at new site Panchkuian Road in 30 days after construction of shops.
