IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

206

CWP-13892-2025 (O&M)

Shish Pal and others .....Petitioners

Versus

Union Territory of Chandigarh and others .....Respondents

CWP-34042-2025 (O&M)

Kashi Ram and others .....Petitioners

Versus

Union Territory of Chandigarh and others .....Respondents

Date of Decision: 09.01.2026

CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA

HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI

Present: Mr. Sartaj Singh Thakur, Advocate

for the petitioners in CWP-13892-2025.

Mr. A.P.S.Tung, Advocate

for the petitioners in CWP-34042-2025.

Mr. Sanjiv Ghai, Advocate with

Mr. Manpreet Singh, Advocate for respondent-M.C.

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ASHWANI KUMAR MISHRA , J.(Oral)

1. The petitioners are street vendors. They are aggrieved by the action of the respondent in allotting them vending sites other than in the sectors where they were earlier working. The allotment of sites is done pursuant to draw of lots dated 10.01.2025. The petitioners submit that having worked in the respective sectors at a different locations, the respondents could not have shifted them to any other location without due

opportunity of hearing. The respondents have rejected the claim of the petitioners on the ground that the authority competent under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 has taken appropriate decision to declare Sector 17 as no vending zone and the sites available in other sectors have already been allotted to other persons.

2. It is also the case of the respondents that in the survey conducted in the year 2016 more than 20,000 persons were surveyed, out of which 10937 were got registered. The available vending sites in the entire Chandigarh is 5460. It is, therefore the case of the respondents they have acted fairly and once the available sites have been allotted to the petitioners based upon the draw of lots, this Court may not interfere. The respondents have also placed on record the communication made to the petitioners informing them to shift elsewhere. These communications are of January and February 2025. It is submitted that more than a year since than has expired and therefore the assertion that opportunity has been denied to the petitioners is factually incorrect.

3. Having considered similar contentions, we have already dismissed CWP No. 11605 of 2025 titled as Sahil versus Union Territory of Chandigarh and others, decided on 08.01.2025.

4. In the facts of the present case it is clearly shown that the vending sites available with respondent-Chandigarh Municipal Corporation is far less than the persons surveyed in the year 2016, who were working as street vendors in Chandigarh. In such circumstances, the action of respondents in resorting to draw of lots of available sites cannot be faulted. We may also take note of the fact that in similar circumstances, the Hon’ble Supreme Court in Malkit Singh and Another Vs. State of U.T, Chandigarh and others; SLP (C) No.21349 of 2025 has issued following directions:-

“1. The vendors-newly added respondents (applicants in IA No.320726/2025) shall positively remove their vending wares within next 48 hours and shift to the allotted sites in the vending zone. Such of those, who have yet not been allotted sites within the vending zone, shall pursue the matter with the concerned Authority which shall be decided in accordance with law.

2. Needless to add, the Authority shall also carry out a special drive for removing all encroachments and removing such of those vendors who are selling their wares at unauthorized sites.

3. Affidavit of compliance be filed by 18.12.2025.

4. List on 17.12.2025.”

5. For the reasons already recorded by us in order dated 08.01.2025 in CWP No. 11605 of 2025 and the observations made by Hon’ble Supreme Court vide order dated 16.12.2025 in Malkit Singh and Another Vs. State of U.T, Chandigarh and others; SLP (C) No.21349 of 2025, we do not find any occasion to interfere in the matter and the writ petitions are hereby dismissed.

6. Pending applicatio