The Supreme Court has stated that it will contemplate compensation for traders affected by the closure of Central Park at Connaught Place, should the New Delhi Municipal Council’s (NDMC) order be deemed disproportionate. This assurance was given on Friday during a hearing involving a petition challenging the closure, which is linked to a proposed protest by the Cockroach Janta Party. Chief Justice Surya Kant and Justice Joymalya Bagchi formed the bench that addressed this matter.

While the court declined an urgent hearing on the petition, it indicated that the case could be scheduled for consideration on October 26 or 27. The bench expressed concern for small shopkeepers, noting that their livelihoods depend on business during this period. The judges acknowledged the hardships that families would face due to the closure and urged for a sensible resolution.

Justice Bagchi remarked that if the court later finds that the closure has caused business losses and is unlawful, it would utilise its powers under constitutional tort jurisdiction to address the situation. He emphasised the court’s commitment to ensuring fairness for those impacted by the NDMC’s decision.

Impact of the Proposed Protest

Advocate Jai Anant Dehadrai, representing the Delhi Kirana Committee and the Delhi Iron and Hardware Merchant Association, argued for an immediate hearing. He estimated that the proposed protest, along with the restrictions imposed, could obstruct trade worth Rs 200 crore daily. This significant financial impact on local businesses has raised concerns among traders regarding their ability to sustain operations during the closure.

Justice Bagchi reiterated that the court possesses adequate authority under compensation and public law to intervene if the NDMC’s order is found to impose an excessive restriction on trade. He assured the petitioners that the court would take action if it concludes that the measures taken were disproportionate to the situation at hand.

The judge also highlighted the interconnected nature of the issues surrounding the protest, including the right to protest, the sale of “mungfali” (peanuts), and law-and-order considerations. He noted that the interests of various parties involved are intertwined, indicating the complexity of the situation that the court may need to navigate.

Background of the Protest and Legal Proceedings

The protest, called by Cockroach Janta Party leader Abhijeet Dipke, was aimed at gathering supporters with the national flag at Central Park on Friday evening. Dipke alleged that two party members, Saurav Das and Ashutosh Ranka, had been detained for allegedly unfurling the tricolour. The two individuals were remanded to five days’ judicial custody on Wednesday and are currently held in Tihar Jail for purportedly violating peace bonds and entering Jantar Mantar, which is no longer designated as a protest area.

As the Supreme Court has chosen not to expedite the hearing, it has nonetheless assured traders that it will exercise its public law and compensation powers if it later determines that the closure order was unlawful or disproportionate. The court’s commitment to addressing the grievances of affected traders reflects its role in balancing the rights of protesters with the economic interests of local businesses.

The situation continues to develop as the court prepares to revisit the matter later this month. The outcome of this case could set a precedent for how similar disputes are handled in the future, particularly in relation to public protests and their impact on local economies.

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