Back
Rejects Aman Khan's Plea: Street Vending in Non-Vending Zones Not Permitted
The has dismissed a petition filed by Aman Khan, a street vendor who operated a vehicle repair kiosk on Civil Lines Road in Jaipur, holding that the under of the Constitution does not permit street vending in areas that have not been designated as vending zones. The bench of Justice Anand Sharma ruled that where notifications declaring vending zones exist, no person can be allowed to set up kiosks or make temporary encroachments outside those zones.
The Case of a Mechanic's Kiosk
Aman Khan, a resident of Jaipur, had been running a vehicle repair kiosk on Vaniki Path (Vidhik Seva Marg) in the Civil Lines area. He applied for a vending licence under the , but his application remained pending. Meanwhile, respondents threatened to remove his kiosk, alleging it was an encroachment. The petitioner argued that no properly constituted town vending committee existed, and that his removal would deprive him of his sole means of livelihood in violation of Articles 14 and 19(1)(g).
A Previous Order for Removal
The case had a significant backstory. On , a coordinate bench had passed an directing the removal of all establishments on Vaniki Path, noting that the road was a used regularly for VIP movement. The State assured the court that the road was indeed declared a and that no vendor could be permitted to operate there. The court directed the Commissioner, to file an affidavit confirming removal of all encroachments.
v. Regulated Vending
The petitioner's counsel, , contended that the respondents had not followed the procedures under the Act, specifically the requirement for a duly constituted town vending committee. He relied on the earlier in , which held that no street vendor could be evicted except from areas temporarily notified as no-vending zones.
The respondents, represented by Additional Advocate General , produced a notification showing that Vaniki Path had never been declared a . They argued that the , while fundamental, was not absolute and must yield to reasonable regulations.
Court's Ruling: No Vending Outside Notified Zones
Justice Sharma observed that while the
cannot be arbitrarily denied,
"it is equally undeniable fact that right under
is neither unqualified nor unfettered."
The Court emphasized that once the authorities have declared vending zones through notifications,
"no person can be allowed to put his kiosk or to make temporary encroachment on any place which has not been declared as
."
The judgment made it clear that
"any area which has not been declared as a '
' by way of duly published notification shall,
, be treated as a '
'."
Applying this principle, the Court found that the petitioner's kiosk was in a
, and his removal was lawful.
Directions for Town Vending Committees
While dismissing the
, the Court directed the respondents to constitute town vending committees strictly as per the provisions of the Act and the rules made thereunder, preferably within three months from the date of the order. The Court also ordered that if the petitioner had submitted an application for a vending licence, it must be
"considered and decided by the respondents strictly in accordance with law."
The ruling underscores that the right to street vending is subject to spatial regulation: vendors must operate only in areas specifically demarcated for vending. The judgment serves as a reminder that fundamental rights are not absolute and must be exercised within the framework of imposed by law.
