Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R. MOHAPATRA, SAVITRI RATHO
Pradeep Mallick – Appellant
Versus
State of Odisha, Represented through its Commissioner-Cum-Secretary, Revenue and Disaster Management Department – Respondent
| Table of Content |
|---|
| 1. protection under street vending act (Para 1) |
| 2. claims of petitioners against eviction (Para 2 , 3 , 4 , 5) |
| 3. court's observations on compliance and relocation (Para 6 , 7 , 9 , 10 , 11 , 14) |
| 4. legality of street vending certificates (Para 12 , 15) |
| 5. dismissal of the writ petition (Para 16) |
Judgment :
By the Bench
1. Petitioners in this writ petition pray for a direction to give them protection under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for brevity, ‘the Street Vending Act’) and not to evict from Chandrabhaga Road side till they are rehabilitated in a suitable vending zone as per the law considering the facts and circumstances mentioned in the writ petition.
2. Mr. Mohapatra, learned counsel submits that the Petitioners are carrying on their business and earning livelihood as Street Vendors at Chandrabhaga Road side since long. They were also issued Street Vending Identity Cards in the year 2020 identifying them as the Street Vendors. When they were carrying on their business smoothly, the Notified Area Counsel, Konark (for brevity, ‘NAC Konark’) threatened their eviction from the place where they
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....
Definition of ‘street vendors’ clearly mentions that they have to carry on business from a temporary built-up structure.
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 right of street vendors to vend within specified zones in compliance with the terms and conditions of their vending certificates.
The designation of specific areas as 'No Vending Zones' under the Street Vendors Act and the authority of the respondents to issue challans against unauthorized vendors.
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.
The petitioners must provide evidence that the place was declared as a vending zone by the competent authority, and possession of the land is a crucial factor in determining the applicability of the ....
Compliance with the terms and conditions of the Certificate of Vending and the provisions of the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is crucial ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
