Hawkers do not have right to keep their goods and wares at hawking place overnight: Supreme Court

The Supreme Court recently observed that hawkers cannot claim right to keep their goods and wares overnight at the place where they are hawking [Madan Lal v. New Delhi Municipal Council and Another]..A Division Bench of Justices MR Shah and BV Nagarathna also noted that a hawker can be permitted to hawk in the market only as per the hawking policy and not outside the scope of the same."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," the Court observed..The Court was hearing an appeal assailing a January 12, 2022 order of the Delhi High Court.Before the High Court, the appellant had sought directions to be issued to the New Delhi Municipal Council to permit the appellant-hawker to leave the goods overnight at the spot where he hawks during the day. However, a Division Bench of Justices Vipin Sanghi and Jasmeet Singh noted that the relief sought by the appellant goes against the very concept of hawking to permit the hawker to occupy any given area on a permanent basis i.e. day and night."The whole concept of hawking is that the hawker comes to the allotted/demarcated area during the hours of hawking with his or her goods and wares; undertakes the activity of hawking and leaves the area along with his or her goods and wares at the end of the hawking period. In fact, in respect of mobile hawkers even this much is not permitted," the High Court had observed while rejecting the plea of the appellant..While upholding the High Court's order, the top Court observed that:"We are in complete agreement with the view taken by the High Court. The concerned authority must act as per the hawking policy."Consequently, the appeal was dismissed..Advocates Ranvir Singh and NK Sahoo appeared for the appellant..[Read Order]