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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
S.S. Road Hawkers Association, Rep. by its Secretary, Sri Rati Das & Ors. - Petitioners
Versus
The State of Assam, Rep. by the Chief Secretary to the Govt. of Assam, Dispur & Ors. - Respondents
WP(C) Nos. 3749, 1458, 1833 of 2018
Decided On : 21-09-2023
Street Vendors - Relocation Dispute - The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - Section 22(1), Section 22(2), Section 5, Section 9, Section 7 - The court addressed the dispute involving the relocation of street vendors and the implementation of the Act of 2014. The Act's provisions were interpreted to determine the rights of street vendors and the allocation of vending spaces. The court emphasized the importance of providing a harassment-free atmosphere for street vendors and directed the authorities to issue Certificates of Vending and allocate specific areas to the vendors in accordance with the Act.
Fact of the Case:
The case involved three writ petitions filed by street vendor associations challenging the relocation of vendors to the mezzanine floor of a market complex. The vendors sought to ply their trade in their existing area until the allotment of a vending zone in accordance with the Act of 2014. The court considered the grievances of the vendors and the decisions of the Guwahati Municipal Corporation (GMC) in declaring the area as a no vending zone and relocating the vendors to the mezzanine floor.
Finding of the Court:
The court found that the area had been declared a no vending zone in public interest and that the mezzanine floor was allocated as a vending zone in compliance with the Act of 2014. The court also noted the space constraints in the area and the need to accommodate the vendors in a harassment-free atmosphere. The court directed the GMC to issue Certificates of Vending and allocate specific areas to the vendors in accordance with the Act.
Issues: The issues involved the relocation of street vendors, the declaration of a no vending zone, and the allocation of vending spaces in compliance with the Act of 2014. The court addressed the grievances of the vendors and the challenges to the decisions of the GMC.
Ratio Decidendi: The court's decision was based on the interpretation of the Act of 2014 and the rights of street vendors. The court emphasized the importance of providing a harassment-free atmosphere for street vendors and directed the authorities to issue Certificates of Vending and allocate specific areas to the vendors in accordance with the Act.
Final Decision: The court disposed of the writ petitions, granting liberty to the vendors to approach the GMC for the issuance of Certificates of Vending and the allocation of specific areas. The court directed the GMC to accommodate the vendors in a harassment-free atmosphere and to take appropriate steps to allocate spaces to fire victims for carrying on their business.
JUDGMENT :
The three writ petitions being interlinked are taken up for disposal by this common judgment and order.
2. To understand the dispute involved in the instant proceedings, this Court finds it relevant to take note of the brief facts which led to the filing of the three writ petitions.
WP(C) No.1458/2018
3. This writ petition has been filed by an Association registered under the provisions of the Societies Registration Act, 1860. The said Association consists of members primarily dealing in readymade clothes and portable domestic accessories of various kinds. It is claimed in the writ petition that the said Association comprises of more than 200 hawkers and vendors. However, the list of the members is not a part of the writ petition. The members of the said Association admittedly were carrying on their trade of hawkers in the stretch of S.S. Road from the point of Goenka Readymade to the LIC building. The Petitioner in the instant writ petition sought for a writ in the nature of Certiorari for setting aside and quashing any move by the Respondent Authorities to relocate the members of the Petitioner Association to the mezzanine floor of the multi-storied market of GMC and further sought for a direction from the Government of Assam to implement “The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014” (in short ‘the Act of 2014’) and directing the Respondents to allow the members of the Petitioner’s Association to ply their trade in their area from Goenka to M.G. Road Fancy Bazar until the allotment of the vending zone in terms with the said Act of 2014.
4. It reveals from a perusal of the enclosures to the writ petition that there has been various orders passed by the Division Bench of this Court in Public Interest Litigations as well as the Writ Petitions filed by the Petitioner Association, wherein it was duly taken note of that the people were suffering as the members of the Petitioner Association were occupying a major portion of the road. The Division Bench further observes that the said Act of 2014 having been notified and the survey having been done, there was no reason as to why the vending zone should not be notified and the vendors be not provided with suitable place to run their trades. Accordingly, vide the order dated 05.08.2016 passed in the PIL No. 86/2013, PIL No. 112/2015 and the Writ Petition filed by the Petitioners i.e. W.P.(C) No. 1693/2014, the Competent Authorities were directed to pass necessary orders within 3 months therefrom specifying the vending zones by implementing the Act of 2014 in the true spirit. It was further directed that till such Notification is published, the members of the Petitioner Association shall not be evicted without following due procedures of law. The State Government was also directed by the same order to take appropriate steps for maintaining safety of the public at large, commuters of the road in question as well as its vicinity and the residents of that locality.
5. It further appears that pursuant to the said order dated 05.08.2016, another Writ Petition was filed by the Petitioner Association apprehending that the members of the Petitioner Association would be shifted from their present location of S.S. Road to the Jail Road in terms with a decision taken by the Guwahati Municipal Corporation on 21.01.2017. It was a case of the members of the Petitioner Association that the location identified by the Respondents at the Jail Road was not at all suitable for carrying out their vending business. The said writ petition was however disposed of by this Court vide an order dated 07.04.2017 observing that the apprehension expressed by the Petitioner Association regarding construction of ecological park was baseless in absence of any evidence showing that steps for construction have been initiated. Further to that, it was also observed by this Court that in view of the order passed on 05.08.2016 in PIL No. 86/2013 alongwith other matters, the me
The court directed the GMC to verify vendor permissions and evict unauthorized vendors from the market area, ensuring compliance with municipal regulations.
The court emphasized the importance of compliance with allotment orders and directed the GMC Authorities to take measures to protect the business prospects of the petitioners.
Compliance with statutory notice requirements and proper issuance of street vending certificates were upheld, confirming lawful methodological procedures for vendor relocations under the Street Vendi....
The court affirmed that street vendors do not have an unqualified right to occupy designated no-vending zones and that proper procedures for eviction as per the relevant statutes were followed.
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