The judgment establishes the need to balance the fundamental rights of hawkers with the general interest of the community, emphasizing the imposition of reasonable restrictions on hawking activities to ensure public safety and convenience.

JUDGMENT :

S.R. SEN, J.

1. Heard learned counsel for the petitioners, Mr. H.L.Shangreiso and Mr. K. Paul and also learned counsel for the respondents, Mrs. N.G. Shylla and Mr. K.Barua.

2. The brief facts of the petitioner's case in a nutshell is that:

"The Writ Petitioner is a registered association namely "Shillong Roadside Hawkers Association" (in short "writ petitioner's association") under the Meghalaya Societies Registration, Act 1983. It has been formed by the members coming from different social, economic, cultural background, tribes, communities etc. with the common objectives to promote their vending business in and around Shillong to sustain their livelihood vis-a-vis collectively adhere to all laws or rules to maintain public convenience and tranquillity. With license issued by the respondent Shillong Municipal Board, the members has been carrying the vending business like selling fabric items, sleepers, shoes, flowers, garments, bedcovers, tools, umbrella, cloth clip etc for the last three decades in the verandah of the private house owners in Police Bazaar, Shillong at the cheap rate to earned their livelihood.

Having appreciate the fact that the hawkers or squatters have been harassed and victimized by the authorities or police in many part of the country, the Government of India through the Ministry of Housing and Urban Poverty Alleviation, Nirman Bhavan, New Delhi has framed new police namely "National Policy On Urban Street Vendor 2009" to regulate and safeguard the conduct of the hawkers in the approved zone. The aforesaid policy was sought to achieve the purpose of promoting a supportive environment for the vast deprived segment urban street vendors to carry out their vocations while at the same time ensuring that their vending activities do not lead to overcrowding and unsanitary conditions in public places/streets. Accordingly, in the above light, the respondent State of Meghalaya has enacted the Meghalaya Street Vendor's (Protection of Livelihood and Regulations of Street Vending) Act, 2014 (in short Vending Act of 2014) with the basis objective to regulate the vending business within the urban areas including the Shillong (Administer Areas) Municipality.

To implement the above Vending Act of 2014, section 3 commanded the state Government to frame the scheme specifying the details like grant, renewal, suspension or cancellation of registration of hawkers, identity card etc. and the Town Vending Committee formed under Section 4 comprising of Additional Deputy Commissioner or Chief Executive Officer, Shillong Municipal Board as chairperson with other nominated members from traffic police, street vendors association etc. has been assigned the duties under section 7 to grant, renewal, suspension or cancellation of registration certificates issue of library card, collection of fees, identifying and designating vending zone etc. for registered vendors having completed the age of 18 years who obtained registration under section 10. Thus, above Vending Act of 2014 clearly demonstrate that any person who registered as vendors in the above authorities are entitled to conduct their vending business as hawkers in the designated vending zone. Pursuance to the above provisions, the Chairman of the Town Vending Committee who is also Chief Executive Officer of Shillong Municipal Board vide Letter dated 10-June-2015 directed Secretary of the present association to furnish all the names and details of the bona fide members for registration under the Vending Act of 2014 as hawkers.

However, when the office bearers of the association collecting the particulars of its members to furnish the same to the above Chairman, the staffs of the respondent Shillong Municipal Board has conducted the surprised raid on 7th July 2015 at about 4:00 p.m. and seized the goods and forcibly evicted its members though the Town Vending Committee as well as the Magistrate in periodic site inspection has allowed them to conduct the vending business in the