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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ARUN DEV CHOUDHURY
Amerandra Kumar Sarma S/o Sri Surendra Nath Sarma – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. rights of street vendors under article 19 (Para 2 , 4 , 5) |
| 2. facts regarding the establishment of the shop (Para 3 , 10 , 11 , 12 , 14) |
| 3. regulation and policies on street vending (Para 6 , 7 , 9 , 16 , 20) |
| 4. legal restrictions on street vending (Para 15 , 18 , 19 , 25) |
| 5. scrutiny of constitutional rights vs public interest. (Para 22) |
| 6. order for guwahati municipal authority's action (Para 26 , 27 , 28) |
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. SJ Sarma, learned counsel for the petitioner. Also heard Mr. P Nayak, learned standing counsel for the GMC, Mr. H Sarma, learned State counsel and Ms. G Goswami, learned counsel for the respondent No.4.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has expressed his grievance that the respondent No.4 has constructed a shop illegally on the road at the triangle of 1 bye lane of Dr. Bhupen Hazarika Path opposite to the residence of the petitioner, which is causing great inconvenience. According to him, despite several representations since 2019, the respondent authorities have done nothing to redress his grievances.
3. An affidavit has been filed by the Deputy Commissioner, Ka
Public roads are not meant for private trade; vendors must operate within designated vending zones under applicable laws.
Point of law: Section 2 (1) (l) street vendor means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a s....
Street vending is constitutionally protected under Article 19(1)(g) but must be regulated to balance individual rights with public interests, requiring designated vending zones and lawful procedures.
Definition of ‘street vendors’ clearly mentions that they have to carry on business from a temporary built-up structure.
The right to carry on trade or profession is a fundamental right under Article 19(1)(g) of the Constitution of India, and any infringement of this right can be challenged through a writ petition.
Only the designated Highway Authority has the jurisdiction to grant or cancel permissions for temporary stalls on highway margins, and such actions must comply with safety regulations and proper proc....
The central legal point established in the judgment is the interpretation and application of the terms and conditions of the Certificate of Vending and the Street Vendors Act, 2014 in determining the....
The central legal point established in the judgment is the court's authority to direct the Town Vending Committee to consider the petitioner's case during the survey in accordance with the relevant l....
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