Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Discriminatory Action and Violation of Rights - The eviction of the street vendor was found to be discriminatory, with the municipality selectively targeting the vendor while allowing others to continue vending at the same location. This infringes on constitutional rights to equality and life. The Commission emphasized that such pick-and-choose policies are unlawful and violate vendor rights ["2023 0 Supreme(Ker) 180"], ["2024 Supreme(Online)(KER) 53495"], ["2023 Supreme(Online)(KER) 3831"].
Entitlement Under the Street Vendors Act, 2014 - The vendor is protected under the Act, which mandates proper procedures before eviction or relocation, including issuing notices and conducting surveys to identify eligible vendors. Vendors with identity cards and licenses are entitled to protection and proper rehabilitation ["2024 Supreme(Online)(KER) 53495"], ["2024 Supreme(Online)(KER) 3324"], ["2025 Supreme(Online)(Tel) 33314"], ["2025 Supreme(Online)(Tel) 23136"], ["2024 Supreme(Online)(MAD) 42929"].
Procedure for Eviction and Relocation - The law requires that vendors be served with a written notice at least 30 days prior to eviction or relocation, and no coercive action should be taken without following due process, including proper surveys and issuance of Certificates of Vending. Evictions without adherence to these procedures are unlawful ["2025 0 Supreme(Ori) 852"], ["2023 Supreme(Online)(KER) 3831"], ["2026 Supreme(Online)(Mad) 7301"], ["2024 Supreme(Online)(GAU) 2466"], ["SAHEEDALI O P vs SECRETARY NILAMBUR MUNICIPALITY - Kerala"], ["SAHEEDALI O P vs SECRETARY NILAMBUR MUNICIPALITY - Kerala"].
Arbitrary and Discriminatory Evictions - Several cases highlight that evicting vendors without following statutory procedures, such as conducting surveys or issuing notices, violates their rights. For instance, evicting vendors based on discriminatory policies or without proper documentation was deemed unlawful ["2023 0 Supreme(Ker) 180"], ["2023 Supreme(Online)(KER) 3831"], ["2026 Supreme(Online)(Mad) 7301"].
Need for Proper Rehabilitation and Compliance - Authorities are mandated to identify vending zones, issue Certificates of Vending, and provide vendors with alternative sites before eviction. Failure to do so renders eviction illegal. The draft byelaws and vending schemes are pending approval, which impacts the legality of current eviction actions ["2025 Supreme(Online)(KER) 13166"], ["2015 0 Supreme(AP) 822"], ["INDKER00000234304"].
Analysis and Conclusion:The provided cases collectively establish that the municipality's action to evict the street vendor fishmonger was unlawful due to non-compliance with statutory procedures under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The eviction was discriminatory, without proper notice, survey, or rehabilitation measures, violating constitutional rights to equality and livelihood. A writ petition challenging such arbitrary eviction should demand that the municipality follow due process, including issuing notices, conducting surveys, and providing alternative vending sites, before any eviction or relocation is undertaken.
Imagine a fishmonger who has been selling fresh fish on a busy pavement for years, providing affordable protein to the local community. Suddenly, municipal authorities swoop in, evict them forcibly, seize goods, and dismantle their setup—all without notice or survey. Is this legal? Can the vendor fight back?
Draft a challenging the action of a municipality in evicting a street vendor, fishmonger. This common query arises frequently in India, where street vending sustains millions. Generally, such evictions may be challenged under via a in the , drawing on and statutory safeguards. This post explores the legal framework, key precedents, a ready-to-adapt draft, and practical tips. Note: This is general information, not specific legal advice—consult a lawyer for your case.
Street vending, including by fishmongers, is typically protected as a fundamental right to trade or business under , subject to reasonable restrictions under . The in Sodan Singh v. NDMC (1989) held: The right to carry on trade or business mentioned in of the Constitution, on street pavements, if properly regulated cannot be denied on the ground that the streets are meant exclusively for passing or re-passing and for no other use. Proper regulation is, however, a necessary condition... 2013 6 Supreme 577
Public streets vest in the State as a trustee, permitting regulated vending without paralyzing traffic. 2013 6 Supreme 577 However, there's no absolute right to a specific spot or pavement occupation permanently. Past permissions like do not create vested rights, but municipalities must designate vending zones and frame schemes—inaction negates the right. 2013 6 Supreme 577 1989 0 Supreme(SC) 433
Arbitrary eviction without regulation violates this right. Courts clarify no protection under (right to life), but mandates municipal action. 2004 1 Supreme 107
The (SV Act) revolutionized protections. states: No street vendor shall be evicted or, as the case may be, relocated till the survey specified under subsection (1) has been completed and the certificate of vending is issued to all street vendors. 2015 0 Supreme(Tri) 636
Key mandates:- Survey and Certification: must survey existing vendors (especially pre-) and issue before any eviction. 2020 0 Supreme(Guj) 55 2015 0 Supreme(Bom) 1866- Scheme Requirement: Municipalities must frame vending schemes under , designating zones. No eviction until compliance. 2020 0 Supreme(Guj) 55 2015 0 Supreme(Tri) 636
In a case, petitioners challenged eviction of stationary vegetable vendors without SV Act procedures: evicting/relocating the petitioner and about 100 similarly placed stationary street vendors... without following the procedure prescribed under the ... 2025 Supreme(Online)(Tel) 59839
Fishmongers selling fresh fish (without cooking) qualify as street vendors. The Act excludes only those engaged in cooking or preparation of food items... 2020 0 Supreme(Guj) 55 2017 0 Supreme(Bom) 1640. A Delhi case affirmed: vendors in shops don't qualify as street vendors unless vending on streets. 2018 0 Supreme(Del) 2282
Courts consistently direct until surveys and schemes are complete. 2015 0 Supreme(Tri) 636 2016 0 Supreme(Megh) 113
Even pre-SV Act, licensees like holders under require . Section 430(3) mandates termination procedures before eviction: the defendants are restrained permanently from removing the plaintiffs from the suit sites without terminating the permission granted in their favour in accordance with the provisions of S. 430(3) of the DMC Act. 1988 0 Supreme(SC) 580
No summary eviction without hearing, though no vested right to the exact spot. 1989 0 Supreme(SC) 433 1988 0 Supreme(SC) 580
A writ under Article 226 is viable if eviction lacks:- Prior survey and vending certificate (SV Act). 2020 0 Supreme(Guj) 55- Designated zones or scheme. 2013 6 Supreme 577- for licensees. 1988 0 Supreme(SC) 580
Joint petitions are allowed for vendors with common interests. 2015 0 Supreme(Tri) 636
IN THE OF STATE AT CITYW.P. (C) No. ___ of 2024
In the matter of: of IndiaAnd
Petitioner's Name, S/o Father, aged Age, R/o Address, a fishmonger vending fresh fish on specific pavement/street under Municipality
Versus1. Municipality/Commissioner
UNDER ARTICLE 226
FACTS:1. Petitioner vends on location since pre-2014 date, without cooking.2. Evicted on date without survey (S.3 SV Act), certificate (S.4), or scheme (S.38).3. No notice; violates Art 19(1)(g). 2013 6 Supreme 577
GROUNDS:A. Art 19(1)(g) violation: No scheme/zones. 2013 6 Supreme 577 2004 1 Supreme 107B. SV Act breach: Pre-survey eviction barred. 2020 0 Supreme(Guj) 55 2015 0 Supreme(Tri) 636C. No . 1988 0 Supreme(SC) 580D. Arbitrary (Art 14).
PRAYERS:a) Quash eviction.b) Direct survey/registration/.c) Restrain future action till scheme.d) Costs/interim relief.
Verification: True.Petitioner/Counsel
Street vending is a lifeline; law balances livelihood with public order. For tailored advice, approach a local advocate. Stay informed, stay protected.
References:1. 2013 6 Supreme 577: Sodan Singh—core on regulated vending right.2. 2020 0 Supreme(Guj) 55: SV Act no-eviction rule.3. 2015 0 Supreme(Tri) 636: Writ against pre-survey eviction.4. 1988 0 Supreme(SC) 580: for licensees.5. 2004 1 Supreme 107: Art 19(1)(g) mandate.6. 2025 Supreme(Online)(Tel) 59839: Telangana vendor eviction challenge.7. 2017 0 Supreme(Bom) 1640: Cooking exclusion.
#StreetVendorRights, #WritPetition, #EvictionChallenge
vendor for summarily evicting him and taking away the articles kept for sale. ... We have found that the action of the Municipality and its officers in evicting the 3rd respondent has infringed his rights relating to life and equality guaranteed by the Constitution. ... The Commission found that the action of the Municipality in picking and choosing the 3rd respondent for the purpose of eviction is discriminatory. ... The 3rd respondent alone was evicted by the #HL_ST....
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 would make it necessary that wherever action for relocation or evicting of street vendor is contemplated or evicting street vendor is contemplated under a href="./.. ... The writ petition is therefore disposed of directing the 2nd respondent-Municipality not to take any coercive action against ....
action for relocation or evicting of street vendor is contemplated or evicting street vendor is contemplated under Section 18 of the Act, the street vendor shall be served with a notice in writing to vacate the place. ... vendor, who is street vending for more than 12 years at Angamaly within the jurisdiction of the 2nd respondent-Municipality. ... The writ pet....
of the Police, of the Street Vendor and seize the goods of such Street Vendor by an officer authorized by the Municipality in this behalf and the authorized officer shall make a list of goods so seized in Form-V and obtain signature of the Street Vendor thereon and a copy thereof shall be handed over ... Relocation and Eviction of Street Vendor.- (1) Where the Town Vending Committee recommend to declare a Vending Zone or part of it ....
Therefore, she had preferred this Writ Petition against the Respondents 1 to 5 for taking action against the Sayalgudi Municipality Official- Sekar. 3. ... Accordingly, the said Sekar, Official of the Sayalgudi Municipality had obeyed the Orders of the District Collector in evicting the unauthorized street Vendors. Usually when removal of encroachment is conducted, there will be objections from the street vendors. ... The learned Additional Public Prosecutor vehement....
the existing vegetable market and forcibly evicting/relocating the petitioner and about 100 similarly placed stationary street vendors from the municipal site in Manthani town, without following the procedure prescribed under the Street Vendors (Protection of Livelihood and Regulation ... …Respondents ORDER: (ORAL) This writ petition is filed seeking following relief: “…to declare the action of the respondents in demolishing Learned Standing Counsel for respondent No.5-Municipality p....
the existing vegetable market and forcibly evicting/relocating the petitioner and about 100 similarly placed stationary street vendors from the municipal site in Manthani town, without following the procedure prescribed under the Street Vendors (Protection of Livelihood and Regulation ... …Respondents ORDER: (ORAL) This writ petition is filed seeking following relief: “…to declare the action of the respondents in demolishing Learned Standing Counsel for respondent No.5-Municipality p....
evicting/relocating the petitioner and about 100 similarly placed stationary street vendors from the municipal site in Manthani town, without following the procedure prescribed under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Telangana State Street ... …Respondents ORDER: (ORAL) This writ petition is filed seeking following relief: “…to declare the action of the respondents in demolishing the existing vegetable marke....
vendor for summarily evicting him and taking away the articles kept for sale. ... We have found that the action of the Municipality and its officers in evicting the 3rd respondent has infringed his rights relating to life and equality guaranteed by the Constitution. ... The Commission found that the action of the Municipality in picking and choosing the 3rd respondent for the purpose of eviction is discriminatory. ... for any action taken by the Secr....
The draft byelaws of street vending within the Municipality is also pending consideration before the Municipal Council for approval. The Town Vending Plan and draft byelaws are produced as Annexures- R5(c) and R5(d). ... The prayer in the Writ Petition is to quash the notices, and also declare that they are not liable to be evicted from their present place of street vending and also to restrain the respondents from evicting them. 3. ... The statements made in the stat....
He challenged the order of sanction of prosecution by filing a separate writ petion No.11271/2016.
However, the respondent Corporation did not offer any alternate place to the petitioners in “Happy Street” development project initiated by the respondent Corporation. (3.11) Learned Senior Advocate for the petitioners thereafter, relied upon clause 15 of the Scheme of 2018 which provides for manner of evicting a street vendor which also requires issuance of one month notice of eviction.
As distinct there from, the petitioner is in a shop. However, when the senior counsel for the petitioner is asked that why does the petitioner not, instead of vending from the shop, vend from the street, to be qualified as street vendor, the same is also not agreeable. A ‘street vendor’ is defined in Section 2(l) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as a person engaged in vending of articles, goods, wares, food items etc. or offering services to the general public, in a street, lane, side walk, footpath, pavement, publi....
We direct the Municipal Corporation to create a tracking system for all such litigations so that the same are promptly attended to; (vi) We declare that a Street Vendor who is engaged in cooking or preparation of food items in a street, lane, side walk, footpath, pavement, public park or any other public place or private place either from a temporary built structure or by moving from place to place is not covered by the definition of street vendor under clause (1) of Section 2 of the Street Vendors Act and consequently such a vendor shall not be entitled to protection under Sub-sec....
The said scheme as specified in the Second Schedule must provide for the manner of conducting survey, the period within which certificates of vending shall be issued to the street vendors identified under the survey and the terms and conditions thereof. The scheme must also provide for the manner of evicting street vendor, the procedure to be followed for evicting street vendor, form and manner of carrying out social audit as well as the provision for relocation of the street vendors carrying on business in non-vending zones in the vending zones. The scheme must a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
