Delhi High Court dismisses Intervention Application filed by vendors against illegal construction, encroachment in Okhla industrial area

The Delhi High Court on Thursday dismissed an Intervention Application filed by a group of vendors in a Suo Motu case against illegal constructions and encroachments in the Okhla Industrial Area on public land.

On 23rd March, 2022 the Delhi High Court had ordered Delhi State Industrial and Infrastructure Development Corporation Limited (DSIIDC) and South Delhi Municipal Corporation (SDMC) to to nominate one senior officer each of their Department as Nodal Officers, these officers were directed to hold a joint meeting to chalk out programme to remove the unauthorised encroachment on public land and street in the Okhla Industrial Area and take action thereon.

The Court had further directed The Deputy Commissioner of Police (South) to ensure that requisite force is provided to remove the encroachment from public land and street in the Okhla Industrial Area.

“We have not stopped vending, we have asked to asked to remove encroachment……… they have been issued tickets of vending, Vendor has no right to occupy an site continuously”…said the Acting Chief Justice Sanghi.

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla was hearing a petition which had been recommended by the PIL Committee of Delhi High Court on the basis of a letter dated 7th July, 2017 received from S.B. Tehkhandia, who had stated that the local citizens are facing a lot of inconvenience due to illegal grabbing of public land and road.

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On 11th October, 2017, the PIL Committee of Delhi High Court had called for a Report from the Chief Law Officer, South Delhi Municipal Corporation.

In a Meeting held Lieutenant Governor (‘LG’), it had been recorded that the respective Delhi Municipal Corporations would take necessary steps for removal of encroachments from common areas in joint operations with DSIIDC and Delhi Police. Based on the said minutes, DSIIDC had requested SDMC on multiple occasions for taking necessary action to combat unauthorized encroachment in the said industrial area. It had further been stated that Tehkhand village falls under the purview of Okhla Phase-I which is presently not under the control and maintenance of DSIIDC and their office maintains merely the internal roads of Okhla PhaseIII Industrial Area and is not tasked with maintenance of main roads upon which Delhi Transport Corporation (‘DTC’) buses ply.