New Delhi: The Supreme Court has indicated that it could order compensation if restrictions imposed on Connaught Place in New Delhi are found to have unlawfully affected traders’ businesses amid preparations for a proposed Tiranga protest by the Cockroach Janata Party (CJP).
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the observations while considering a request for an urgent hearing on a petition filed by the Delhi Kirana Committee and the Delhi Iron and Hardware Merchant Association. The traders have challenged restrictions imposed by the New Delhi Municipal Council (NDMC), arguing that the measures could cause substantial financial losses.
Advocate Jai Anant Dehadrai, representing the traders, submitted that the proposed protest at Central Park in Connaught Place could disrupt commercial activity worth ₹200 crore a day. He also pointed out that the NDMC had issued a closure notice the previous night, raising concerns among businesses operating in the area.
The bench observed that the Delhi High Court was already considering a related matter. When the counsel sought to distinguish the Supreme Court petition from the ongoing proceedings, Justice Bagchi noted that the issues surrounding the protest, business activity and law and order were interconnected.
Highlighting the potential impact on small businesses, Chief Justice Surya Kant said shopkeepers and their families depend on earnings during the festive season. He expressed hope that better sense would prevail and acknowledged the hardship that a prolonged shutdown could cause to traders.
When the counsel pressed for an earlier hearing, the bench indicated that it could consider compensation if the restrictions were subsequently found to be unlawful. Justice Bagchi referred to the Supreme Court’s constitutional tort jurisdiction and its powers to award compensation under public law.
The judge also stressed that the court would intervene if it found the NDMC’s restrictions disproportionate. However, the bench said the matter would be listed after the Dussehra vacation.
The Supreme Court agreed to hear the petition on October 26, leaving the question of the legality of the restrictions and any potential compensation for consideration during the proceedings.
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