IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, V. BHAVANI SUBBAROYAN, JJ.
A.T. Mhammed Ismail & Another
Versus
The Commissioner, Greater Chennai Corporation, Chennai & Another
W.P. Nos. 4171 & 4172 of 2018
Decided on : 26-02-2018
Street Vendors - Protection of Livelihood and Regulation of Street Vending - Act 7 of 2014 - Sections 2(l), 3, 4, 5, 6, 7, 10, 22 - The judgment discusses the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, including the definition of street vendor, survey of street vendors, issue of certificate of vending, conditions for issue of certificate of vending, categories of certificate of vending, criteria for issuing certificate of vending, and cancellation or suspension of certificate of vending. The court emphasizes the importance of protecting the livelihood rights and social security of street vendors and the regulation of urban street vending in the country.
Fact of the Case:
Petitioners sought a writ of mandamus to direct the authorities to consider and pass orders on their representation for granting permission/certificate of vending as per the provisions of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The petitioners relied on a previous court order in support of their prayer.
Finding of the Court:
The court directed the respondents to consider the petitioners' representation and pass suitable orders in accordance with the Act within a specified period, restraining any coercive action till then.
Issues: The main issue was the consideration of the petitioners' representation for permission/certificate of vending under the Street Vendors Act, 2014.
Ratio Decidendi: The court emphasized the need to protect the livelihood rights and social security of street vendors and the regulation of urban street vending, directing the authorities to consider the petitioners' representation in accordance with the Act.
Final Decision: The court directed the respondents to consider the petitioners' representation and pass suitable orders in accordance with the Act within a specified period, restraining any coercive action till then.
S. Manikumar, J.
1. Petitioners running a bunk stall at Indira Nagar Water Tank, Indira Nagar 2nd Avenue, Indira Nagar, Adyar, Chennai - 600 020, have sought for a writ of mandamus, directing the Commissioner, Greater Chennai Corporation, Chennai and the Chair Person, Zonal Executive Engineer, Zone NO.XIII, (The Township Vending Committee), Greater Chennai Corporation, Adyar, Chennai, the respondents herein to consider and pass orders on the petitioners' representation dated 12.02.2018, as per the provisions of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014), by granting permission/certificate of vending, and till such time not to disturb with the running of the bunk shop, wherein, food items have been sold. In support of the prayer sought for, petitioners have also relied on an order of this Court made in W.P.No.5000 of 2017 dated 28.02.2017.
2. Considering the limited prayer sought for, Mr.R.Soundararajan, learned standing counsel for Greater Chennai Corporation, is put on notice.
3. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014), has been enacted to protect the rights of urban street vendors and to regulate street vending activities and for matters connected therewith or incidental thereto
4. Statements of objects and reasons of Act 7 of 2014, are as hereunder:
Street vendors constitute an important segment of the urban population. Street vendors are those who are unable to get regular jobs in the remunerative formal sector on account of their low level of education and skills. They earn their livelihood through their own meagre financial resources and sweat equity.
2. Street vending provides a source of self-employment, and thus acts as a measure of urban poverty alleviation without major Government intervention. Street vending also acts as an instrument to provide affordable as well as convenient services to a majority of urban population and has a prominent place in the urban supply chain and are an integral part of the economic growth process within urban areas.
3. Given the pace of urbanisation and the opportunities presented through the development of urban areas, the growth of street vendors is likely to have an upward trend. It is vital that these vendors are enabled to pursue their livelihoods in a congenial and harassment free atmosphere.
4. Considering the significant contribution made by street vendors to the urban society as a whole, more specifically to the comparatively poorer sections, and to enable them to earn a livelihood through creation of good working conditions, without causing obstruction to the public, the Government of India brought out revised National Policy on Urban Street Vendors, 2009 which aims at securing right of the citizens to have adequate means of livelihood as enshrined in articles 14, 19(1)(g), 38(2), 39(a), 39(b) and 41 of the Constitution and fostering a congenial environment for the urban street vendors to carry out their activities, without harassment from any quarter. It also aims at providing a mechanism for regulation of street vending activities to avoid congestion on sidewalks and to ensure free flow of traffic on roads by a legislative framework to enable street vendors to pursue a honest living without harassment.
5. Thus, the proposed Bill is aimed at protecting the livelihood rights and social security of street vendors and regulation of urban street vending in the country and ensuring uniformity in the legal framework for street vending across States and Union territories. The proposed Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012, inter alia, seeks to provide for the following, namely:-
(a) compulsory registration of every person intending to carry out street vending activities;
(b) issue of a certificate of vending and identity cards to street vendors;
(c) certain rights of street vendors;
(d) certain duties of the street vendors;
(e
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