Supreme Court flags traders’ hardship over Delhi's Central Park closure, leaves door open to compensation

The Supreme Court on Friday said it would act to compensate traders for their losses if the New Delhi Municipal Council’s decision to close Central Park in Connaught Place ahead of the proposed Cockroach Janta Party (CJP) protest is found to be disproportionate.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi made the observation while refusing an urgent hearing on a petition challenging the closure order.

The bench declined to entertain the plea and said, "We hope better sense will prevail on everyone. Small shopkeepers earn their livelihood during these days. We know the hardship and difficulty entire families will face."

"If there is a loss of business, and we hold that it is unlawful to your clients, we will exercise our powers under constitutional tort jurisdiction. Let's cross that bridge when it comes," Justice Bagchi said.

Advocate Jai Anant Dehadrai, appearing for the Delhi Kirana Committee and Delhi Iron and Hardware Merchant Association, sought the hearing during the day itself, saying the protest and subsequent restriction will obstruct trade worth Rs 200 crore a day.

"If we feel that the NDMC's order is a disproportionate restriction, we told you, there is ample jurisdiction evolved by this court under compensation and public law. We will act," Justice Bagchi said.

He said that the various issues surrounding the protest, including the right to protest, the proposed selling of 'mungfali' (peanuts) and concerns over law and order, were interconnected.

"Someone wants to protest, someone wants to sell 'mungfali', someone wants law and order. All these are related," Justice Bagchi said.

He said that the court had ample jurisdiction to intervene if the measures were found to be disproportionate, including through its powers under public and compensation law.

The bench indicated that the plea may be listed on October 26 or 27.

CJP leader Abhijeet Dipke had called on "patriots" to gather with the national flag at Central Park in Delhi's business hub Connaught Place Friday evening, alleging that CJP members Saurav Das and Ashutosh Ranka were "jailed for unfurling the tricolour".

Das and Ranka were on Wednesday sent to five-day judicial custody and lodged in Tihar Jail for allegedly violating their peace bonds and trespassing into Jantar Mantar, which has been denotified as a protest area.