The central legal point established in the judgment is the need for strict adherence to the conditions for issue of certificate of vending, determination of vending areas, and compliance with vending regulations and Covid protocols.

ORDER

1. In the order dated 28.01.2022, this Court had considered the possibility of vending activities being carried on by unauthorised persons and had observed that the salutary objective of protecting the livelihood of genuine street vendors cannot be jeopardized at the instance of those who do not qualify to be street vendors under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Rules and Scheme.

2. With a view to ensuring that no unauthorised vending activities are carried out within the limits of the Kochi Municipal Corporation and for taking immediate action against the said unauthorised persons, a Monitoring Committee comprising of the District Collector, Ernakulam, the City Police Commissioner, Kochi, the Amicus Curiae, the Mayor of the Kochi Municipal Corporation and the CEO of CSML was directed to be constituted to monitor street vending activities.

3. It is now brought to my notice by the Amicus Curiae through his report No.9 dated 15.2.2022 that the Committee above has been constituted and it convened meetings on 5.2.2022 and 11.2.2022 pursuant to which the following suggestions have been put forward:

That pending finalisation and implementation of the Town Vending Plan and taking note of the extent of vending areas specified under the Scheme, the area of vending be limited to between 15 - 25 sq. ft. based on the nature of the vending activity pursued.

That vending on footpaths be confined to only such areas where the width of the footpath is more than 3 metres. As the footpaths in many areas have a width of 4.4 mts., this would leave sufficient space for pedestrian movement as also for use by differently abled persons for whom facilities have been provided on the newly laid footpaths.

That pending finalisation of the Town Vending Plan wherein the vending and non-vending zones will be clearly earmarked, vending on the footpaths be regulated by observing the protocols announced by the Government from time to time including under the Disaster Management Act.

4. The report of the Amicus Curiae also refers to the findings of a surprise inspection conducted on 12.2.2022. The following irregularities/illegalities are pointed out:

1. Many vendors are not exhibiting the vending certificate issued to them in the vending cart.

2. Vending activities are carried on by persons other than the holder of the vending certificate or his/her family members.

5. Taking note of the above, the following directions are issued for implementation by the Monitoring Committee with immediate effect:

(i) Vending activities shall be carried on only by the holder of certificate of vending or his/her family member.

(ii) Certificate of Vending shall be prominently displayed on the vending cart/stall by the vendor concerned.

(iii) Vending activities on footpaths shall be confined only to such areas where the width of footpath is more than 3 metres and after leaving sufficient space for pedestrians to walk. Facilities provided for differently abled persons shall not be hindered/obstructed in any manner.

(iv) The vending activities shall be confined to an area of 15 -25 sq. ft. depending on the nature of the activity. The Monitoring Committee shall provisionally fix the area based on inputs received from the Corporation and its Town Vending Committee.

6. The learned Standing Counsel for the Corporation states that a meeting of the Town Vending Committee is scheduled on 21.02.2022. The Committee shall on that day deliberate and decide on the vending area to be fixed in respect of various categories within the range of 15 - 25 sq. ft. The Vending Committee shall also decide on the criteria for determining the eligibility of an applicant for a certificate of vending in terms of the Act. In that process, they shall be guided by the provisions of Sub Section 2(l), 5 & 6 of the Act, which read as follows:

2. Definitions:-

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(l) "street vendor" means a person engaged in vending of articles, goo