–Report by Sanya Luthra
The case of Mushtaque Ahmad vs Municipal Cooperation of Delhi and Anr declares that, the weekly Bazaars can be set up and no one can claim to close them or alter them as they are set up for a particular purpose and they are following the guidelines while running and it is not the responsibility of the courts to decide where the bazaars should be set up.
FACTS OF THE CASE
It was filed as a PIL by the respondent to shift the weekly bazaar of the Shastri Park to somewhere else, it was said by the petitioner that due to this weekly bazaar, he was unable to meet his friend as he was unable to pass through that lane because of the congestion which the weekly bazaar caused and therefore he filed a writ petition as PIL and asked the supreme court to regulate weekly bazaars.
The petitioner submits that the weekly bazaars are very disturbing as they lead to crowdy streets and any emergency vehicles, for example, the ambulance, and fire brigade cannot enter the streets due to these weekly bazaars.
According to the defendant, weekly bazaars are run in accordance with rules and regulations framed by the MCD and also run according to the standard operating manner which has been framed by MCD, also it was put forward by the defendant that weekly bazaars are set up for the people who couldn’t afford the things in the normal bazaar and many people come from far off places for these bazaars and if these would be closed, the ultimate purpose would be defeated, therefore the bazaars shouldn’t be closed.
It was held by the apex court that the weekly bazaars are the livelihood of many people and also migrant and poor people come from far-off places to buy goods at a reasonable price also the bazaars are operating with the standard operation process framed by the MCD and at the same time are also not violating any rules and regulations, also it is said that courts have no responsibility to monitor weekly bazaars and to see that where they should be conducted, therefore it is the responsibility of the MCD and the apex court has no say in that.
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