JUDGMENT :

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

The above noted two Public Interest Litigations have been instituted by two organizations, named Self Employed Labour Organisation (in short as ‘SELO’) and Self Employed Women’s Association (in short as ‘SEWA’), espousing a common cause of street vendors operating in the place referred to as “Bhadra Plaza”, for effective implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the rules thereunder, and the Gujarat Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2018 framed under Section 38 of the Act.

Preface:-

2. Both the petitioners’ organisations are registered Associations. The Writ Petition (PIL) No. 211 of 2014 has been filed, prior in point of time, by SELO (in the month of June/July, 2014), with the reliefs as under:-

“(A) Directing the respondents to provide permanent place in the area for street vending for Street Vendors affected by Bhadra Plaza Project at the place at which they were carrying on their business earlier;

(B) Directing the respondent to supply the report of survey of street vendors carried on by Ahmedabad Municipal Corporation, 2011;

(C) Directing opportunity of hearing and representing the 94 street vendors whose names have not been covered in the list shown by the survey of Ahmedabad Municipal Corporation;

(D) Directing Ahmedabad Municipal Corporation and State Government to reframe the scheme in accordance with the discussions of the Hon'ble Supreme Court in the Gendaram case and under the Act of 2014 after consultation with the project affected people;

(E) In the alternative if the number of street vendors in the area covered by Bhadra Plaza Project is more than the street vendors who can be accommodated, to evolve fair, just and reasonable criteria for selecting/choosing the street vendors in the area and not resort to draw system which will cause great injustice to the people;

(F) Directing the AMC to invite the names of the representatives of the Bhadra Project Plaza affected street vendors for inclusion in the street vending committee of the Corporation;

(G) Directing the Government of India to notify the date of coming into force of the Act for the State of Gujarat and then to direct the State of Gujarat to frame rules under the Act and to prepare a scheme as per the requirement of the Act;

(H) Pending the admission, hearing and final disposal of this petition, to direct the AMC not to disturb the 250 street vendors who are occupying the same place in the area doing street vending informally and to provide for the time being temporary place to those persons whose names are not included in the list and who are without any means of livelihood;

3. It was the case of the petitioners therein that almost 506 street vendors had been carrying on their trade of selling goods and services of all kinds in and around three-gates in Bhadra Fort called as “the Bhadra Plaza Project” for a long period ranging from 45 to 50 years. The said market is a natural market well known in Ahmedabad city. These street vendors belong to all communities, such as Scheduled Caste, Scheduled Tribes, Other Backward Classes and minorities. It is contended that Ahmedabad Municipal Corporation (in short as ‘AMC’ or “Corporation’) decided to develop the Bhadra area and a revitalization project of Bhadra Fort precincts of the Municipality under Heritage Development Mission Scheme under Jawaharlal Nehru Urban Rural Mission (JNURM) was sanctioned with the name “Bhadra Plaza Project” by the Government of India on 22.01.2010, for its development as a National Heritage. However, even after introduction of the said Scheme, no proper steps had been taken for settlement of the street vendors of Bhadra area, who remained in the state of uncertainty and insecurity.

4. In the meantime, the Central Government enacted the Street Vendors (Protection of Livelihood and Regulation of Street Vending) A