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GAHC040009552021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : Crl.Petn. 94/2021
1:Monya Basar @ Taye W/o Shri N. Basar, R/o G Extension, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh Mobile No 8257988183 VERSUS
1:THE STATE OF AP and Anr. Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 95/2021
1:Jomme Chettom W/o Shri Lapsang Chettom, R/o Pachin Colony, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh,.
Mobile No. 6009700697 VERSUS
1:THE STATE OF AP and Anr Through the Public Prosecutor
2:The Deputy Commissioner cum Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 96/2021
1:Lindum Johny @ Yaniung W/o Shri Lindum Tapum, R/o Pachin Colony, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh.
Mobile No. 6009700697 VERSUS
1:THE STATE OF AP and Anr. Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 97/2021
1:Taba Yajar W/o Shri Nabam Tade, R/o D Sector, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh, Mobile No. 6009700697 VERSUS
1:THE STATE OF AP and Anr. Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 98/2021
1:Taw Yarang W/o Lt. Taw Tara, R/o D Sector, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh Mobile No. 9612182657 VERSUS
1:THE STATE OF AP and Anr. Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 99/2021
1:Lindum Kioch W/o Shri Lindum Talam, R/o D-sector, Naharlagun, Papum Pare District, AP VERSUS
1:THE STATE OF AP and Anr represented by the PP of AP
2:The Deputy Commissioner-cum-District Magistrar Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 100/2021
1:Lindum Yani W/o Shri Lindum Take, R/o Pachin Colony, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh.
Mobile No. 6009700697 VERSUS
1:The State of AP and Anr.
Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 101/2021
1:Lindum Taram S/o Lindum Takung, R/o Pachin Colony, Naharlagun, PO/PS Naharlagun, District Papum Pare, AP VERSUS
1:THE STATE OF AP and Anr.
represented by the PP of AP
2:The Deputy Commissiioner-cum-District Magistrar Itanagar Capital complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 102/2021
1:Men Ete @ Mem Ete W/o Shri Toli Ete, R/o C Sector, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh Mobile No. 6009700697 VERSUS
1:THE STATE OF AP and Anr. Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 103/2021
1:Lingdum Taki S/o Shri LindumTayang, R/o Pachin Colony, Naharlagun, PO/PS Naharlagun, District Papum Pare, AP VERSUS
1:THE STATE OF AP and Anr.
represented by the PP of AP
2:The Deputy Commissiioner-cum-District Magistrar Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 104/2021
1:Gyamar Yamik W/o Shri Gyamar Tama, R/o Pachin Colony, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh Mobile No. 9862891197 VERSUS
1:THE STATE OF AP and Anr. Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 105/2021
1:Ngurang Parboti, W/o Shri Ngurang Talo,. R/o Barapani, Naharlagun, PO/PS Naharlagun, District Papum Pare, Arunachal Pradesh VERSUS
1:THE STATE OF AP and Anr.
represented by the PP of AP
2:The Deputy Commissiioner-cum-District Magistrar Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 106/2021
1:Gyamar Yagak W/o Shri Gyamar Kamya, R/o Pachin Colony, Naharlagun, PO/PS Naharlagun, District Papum Pare, AP VERSUS
1:THE STATE OF AP and Anr.
represented by the PP of AP
2:The Deputy Commissiioner-cum-District Magistrar Itanagar Capital complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 107/2021
1:Ha Yami Yami W/o Shri Ha Tare, R/o Pachin Colony, Naharlagun, P.O and P.S Naharlagun, District Papumpare, Arunachal Pradesh.
Mobile No. 9612182657 VERSUS
1:THE STATE OF AP and Anr. Through the Public Prosecutor
2:The Deputy Commissioner cum District Magistrate Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP Case No. : Crl.Petn. 108/2021
1:Gichik Yaper W/o Shri Gichik Taja, R/o Pachin Colony, Naharlagun, PO/PS Naharlagun, District Papum Pare, AP VERSUS
1:THE STATE OF AP and Anr.
represented by the PP of AP
2:The Deputy Commissiioner-cum-District Magistrar Itanagar Capital Complex Itanaga Advocate for the Petitioner : Duyu Laji Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 07-10-2021 As all these 15 petitions filed by different petitioners are directed against the order dated 27.09.2021, passed by the Deputy Commissioner-cum-District Magistrate, Itanagar Capital Complex, Itanagar, under Section 133/141 Cr.P.C., vide No. DC/ICC/JUD-01/2021, all the 15(fifteen) petitions shall stand disposed of by this common order.
2. Heard Mr. D. Laji, learned counsel for the petitioners. Also heard Mr.
U. Bori, learned Addl. P.P. for the State of Arunachal Pradesh.
3. This is an application filed under Section 482 of the Cr.P.C., challenging the order dated 27.09.2021, passed by the Deputy Commissioner-cum-District Magistrate, Itanagar Capital Complex, Itanagar, under Section 133/141 Cr.P.C., vide No. DC/ICC/JUD-01/2021, whereby, the petitioners have been directed to vacate/remove the illegal vending shops/temporary structures within 10 days, as the petitioners have been found to be illegal street vendors, who are operating unauthorised and illegal vending activities outside the recognised vending zones.
4. The petitioners states to be street vendors operating their street vending business at D-Sector, Vending Zone, Naharlagun, in terms of letter dated 23.04.2018, written to the President, All Naharlagun Hawkers and Street Vendors Association(ANHSVA), Naharlagun by Chief Municipal Executive Officer, Itanagar Municipal Council, Naharlagun, vide File No. IMC/NULM-02/2014-15 (pt-3)/137-49.
5. According to the petitioners, a notification dated 18.05.2017, was issued by the Deputy Commissioner, Itanagar Capital Complex, Itanagar vide No. IMC/Dev-14/2013-14/Pt-1, whereby, vending zones were notified in accordance with the Arunachal Pradesh Street Vendor (Protection of Livelihood and Regulations of Street vending) Act 2011, whereby, an area measuring 60 Sq mtr, in front of Mahila Idad Bawan, D-Sector, Naharlagun, was notified as one of the vending zone.
6. After the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 was enacted by the Parliament, the Arunachal Pradesh Street Vendor (Protection of Livelihood and Regulations of Street vending) Act 2011 was repealed by the Arunachal Pradesh Street Vendors (Protection of Livelihood and Regulation of Street Vending) (Repeal) Act, 2018, which was notified in the Arunachal Pradesh Gazette on 11.05.2018.
7. While the Act of 2011 stood repealed as above, however, all orders issued and all actions taken or purported to be taken under the earlier act was deemed to have been taken or purported to have been issued or taken under the Provision of 2014 Act. That is how, the petitioners contend that they are continuing their vending business within the notified area of 60 Sq mtr, in front of Mahila Idad Bawan, D-Sector, Naharlagun, notified vide notification dated 18.05.2017, referred to hereinabove.
8. The Deputy Commissioner-cum-District Magistrate, Itanagar Capital Complex, Itanagar, had issued an order under Section 133 Cr.P.C., vide No. DC/ICC/JUD-01/2021-1-886, dated 15.09.2021, which order has been reproduced, herein below:
“No. DC/ICC/Jud-01/2021-1/886 Itanagar dated 15th September, 2021 Order (U/s 133 Cr.P.C)
WHEREAS, It has been observed that various illegal street vendors are mushrooming within the Itanagar Capital Complex.
AND WHEREAS, It has also been observed that such illegal vendors are using footpaths, parking areas as their vending zone which is causing inconvenience to the general public and commuters.
AND WHEREAS It has been reported that some of the illegal vendors are encroaching the drains/nallahs by obstructing its flow for doing their business, which is causing public nuisance and health hazards.
AND WHEREAS, Such illegal vending not only gives an ugly look to the aesthetic beauty of the Twin Capital but also causing inconvenience to the general public.
AND WHEREAS, Such public nuisance should be removed immediately.
THEREFORE, I, Talo Potom, IAS, District Magistrate, Itanagar Capital Complex, in exercise of the powers conferr
