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The Delhi High Court has declined to intervene in the demolition of kiosks located near the Namo Bharat Metro Rail Station in Sarai Kale Khan, emphasizing the critical importance of the Regional Rapid Transit System (RRTS) line. The court’s decision clears the path for ongoing development work on the 82-kilometer Delhi-Ghaziabad-Meerut RRTS corridor, which is designed to significantly reduce travel time between Delhi and Meerut.
A bench comprising Justices Prathiba M Singh and Rajneesh Kumar Gupta observed that the 'tehbazari' certificates, temporary permits issued by municipal authorities allowing street vendors to operate, held by the petitioners were temporary in nature, having been issued in January 2018. The court directed the kiosk owners to remove their belongings.
The court was hearing a petition filed by two stall occupiers who sought a stay on the demolition activity at the tehbazari site on Ustad Hafiz Ali Khan Sahib Marg in Sarai Kale Khan. The petitioners contended that the demolition, which they claimed began on May 6 with only two days' notice, was carried out without proper intimation and violated principles of natural justice.
The court, in its judgment passed on May 8, stated, "The development work is being carried out in the vicinity of the shop itself and in fact, the kiosks of the petitioners would be coming in the way of the development. The RRTS line is a crucial infrastructure project, which is being undertaken by NCRTC (National Capital Region Transport Corporation)."
The bench further added, "Considering the fact that the tehbazari itself is temporary and the RRTS project is a project in public interest, the petitioners cannot be seen to argue that they cannot be dispossessed."
While refusing to stay the demolition, the court did direct the authorities to consider and decide on the petitioners' plea for an alternative site within two months.
During the proceedings, the counsel for the Municipal Corporation of Delhi (MCD) reiterated the temporary nature of the tehbazari permits. The NCRTC's lawyer submitted that the development of the Namo Bharat Metro Rail Station was an integral part of the RRTS line construction, being carried out under the directives of the Supreme Court. The NCRTC counsel further argued that the demolition of the petitioners' kiosks was necessary to facilitate the ongoing re-development process.
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