Hawkers have no fundamental right to carry on their trade on the public street and the Municipal Authorities are under a statutory obligation to keep the roads clean and free from any obstruction.

( 1 ) THIS instant writ petition was moved by 45 writ petitioners who earn their livelihood as hawkers, for restraining the Respondents from evicting the petitioners from the footpath and or the roads of the Howrah Municipal area. The case of the petitioners in short is that the petitioners are carrying on their livelihood as hawkers after obtaining Municipal licence for exercising the trade of a Hawker as provided under Sections 175 and 176 of the Calcutta Municipal Act, 1983 as extended to the Municipality of Howrah and that the petitioners were carrying on such business occupying the place between the Howrah Station wall and the footpath in the Howrah Station area. The petitioners further state that the petitioners came to know from a news item published in the Daily Newspaper 'jugantar' in its issue dated 10th February, 1985 that the hawkers of the Howrah Municipal area should be evicted from the footpath and/or the roads.

( 2 ) THE learned advocate appearing on behalf of the petitioners contended that when the petitioners were carrying on the trade of hawker of dresses, fruits and other articles after constructing temporary sheds, the petitioners could not be evicted from the said place inasmuch as the petitioners are holders of valid licences from the Howrah Municipal authorities to carry on the business as hawkers and that the petitioners had not encroached any right of any person and did not create any obstruction to the users of the footpath and as such the petitioners could not be evicted from that place without giving them hearing and/or opportunity of being heard in the matter.

( 3 ) MR. Arun Prokash Chatterjee, Senior Standing Counsel appearing on behalf of the Howrah Municipality, contended that contrary to the terms and conditions of the licence issued by the Municipal authority, the petitioners had made temporary structures either by the side of the road or by the side of the footpath and were creating obstructions to the travelling public in the matter of user of the road and/or the footpath. It was further contended on behalf of the Respondents that the petitioners have no right to encroach upon the land of the Municipal Authorities and/or the Railway Authorities and to create obstruction to the passers-by. It was further contended that unless the hawkers who are permanently squatting on the footpath either by constructing temporary structures or otherwise, are evicted and the roads and the footpath are made clean and made obstruction-free, it would not be possible to remove congestion on the road. It was further contended that because of the hawkers squatting here and there in the Howrah Municipal area particularly in the Howrah Station area, it has created problem not only to the public at large but also to the administration to maintain law and order and to remove congestion in the road.

( 4 ) ADMITTEDLY, the petitioners were carrying on such business on the basis of licence issued by the Howrah Municipality under sections 175 and 176 of the Calcutta Municipal Act, 1923 as extended to Municipality of Howrah. One of the main conditions of the said licence was that "this licence is only to peddle goods and not to spread them on the street or pavement and he must not stand on the pavement, but on the side of the road in the gutter. " In view of the above condition the petitioners' contentions that the petitioners have a right to carry on trade of hawker in the manner the petitioners were doing cannot be accepted. The dictionary meaning of the word "hawker", according to Webster's Third New International Dictionary, is "to peddle, bear on the back. " According to the said dictionary meaning of the word "peddle" means "to travel about with wares for sale, to sell or offer for sale from place to place. " In view of the dictionary meaning of the word hawker and conditions of the said licence, the petitioners have no right to squat or to make any temporary shed on the pavement and