In the High Court of Punjab and Haryana at Chandigarh Reserved on: 31.1.2025 Date of Decision: 25.2.2025 Puneet Sharma and others ......Petitioners Versus Union Territory, Chandigarh and others .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE VIKAS SURI Argued by: Mr. Jasbir Singh, Advocate for the petitioners.

Mr. Sanjiv Ghai, Advocate for the respondent-U.T.

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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 of 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, registered the surveyed street vendors. Resultantly, the petitioners were also surveyed, and, became registered by the Municipal Corporation, and, were also given the survey IDs by the Municipal Corporation, as per the provisions of the Act of 2014. It is further averred that after the issuance of the survey IDs, the respondent No. 4 issued a provisional certificate for their vending sites situated at Sector-19, Chandigarh, and, permission became granted to the petitioners to work in Sector-19.

4. It is further averred in the instant petition, that subsequently respondent No. 2 arbitrarily dislocated the petitioners from their place of vending i.e. Sector-19, and, consequently respectively shifted petitioners No. 1 to 7, 9 and 10 to Sector-15, petitioner No. 8 to Sector-23 and petitioner No. 11 to Sector 46. On account of the said shiftings, the petitioners on account of non-availability of customers rather could not earn their livelihood. The petitioners also submitted representation/application with regard to their said relocation/dislocation, however, the respondents did not consider their representation/application. The petitioners again approached respondent No. 2 seeking permission to work as street vendors in Sector-19, however, no action was taken by the respondent concerned on the said raised plea by the Gurpreet Singh petitioners. It is further averred thereins, that respondent No. 3-

Commissioner, Municipal Corporation, Chandigarh, issued a public notice (Annexure P-3) in the local newspaper stating therein, that the Municipal Corporation, Chandigarh, is going to conduct draw of lots to allot the sites to the vendors concerned, who have not been allotted any site till date, and, requested them to thus clear their dues upto 28.2.2024, and, therebys also provided a last opportunity to all the defaulting vendors to deposit the outstanding dues of licence fee, so that, their names can be considered for the draw of lots.

5. The Town Vending Committee in its meeting held on 6.7.2023 (Annexure P-4), delegated its powers to the Additional Commissioner/Joint Commissioner, Municipal Corporation, Chandigarh, to decide the matter(s) with respect to cancelling of the apposite licences but in accordance with the procedure established by law. Thereafter the Joint Commissioner issued show cause notices (Annexure P-5) to the petitioners/street vendors under Section 10 of the Act of 2014