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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS SURI, SURESHWAR THAKUR
Puneet Sharma – Appellant
Versus
Union Territory, Chandigarh – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition, the petitioners seek the quashing of the agenda item No. 4/resolution, as declared in 32th meeting of the Town Vending Committee, Municipal Corporation, Chandigarh held on 6.7.2023 (Annexure P-4), show-cause notice (Annexure P-5), and, of the public notices (Annexures P-3 and P-7).
Brief facts of the case
2. It is averred in the instant petition, that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short the Act 0/2014'} came into force on 1.5.2014. The Ministry of Housing and Urban Poverty Alleviation, thereafter notified Union Territory of Chandigarh Street Vendors (Protection of Livelihood and Regulation of Street Vending), Rules 2015 (for short 'the Rules of 2015'').
3. On 30.3.2016, the U.T., Administrator under Rule 12 of the Rules of 2015, thus constituted the Town Vending Committee and notified the same on 30.3.2016. Subsequently, the Town Vending Committee held its meeting on 6.4.2016. The Municipal Corporation, Chandigarh, conducted a survey in the year 2016, throughout U.T., Chandigarh, and, after the said survey, the Municipal Corporation, Chandigarh, registere
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 election notification for the Town Vending Committee was invalid due to failure to publish in the Official Gazette, violating statutory requirements.
The court's decision was based on the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 and related regulations.
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 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....
Street vendors cannot be evicted without adherence to statutory provisions, including the completion of surveys and designation of vending zones as mandated by the Street Vendors Act.
The central legal point established in the judgment is the court's authority to issue a writ of mandamus and the application of the provisions of the Street Vendors (Protection of Livelihood and Regu....
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