Saturday, December 2, 2023

Bombay High Court disposes PIL seeking effective implementation of street vendors Act

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The Bombay High Court has disposed of a Public Interest Litigation (PIL) which was filed  seeking directions against Principal Secretary Urban Development  (Maharashtra)  to ensure effective implementation of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

The PIL filed by  Rajiv Gandhi Hawkers Union and others further seeks implementation of the provisions  in tune with the judgment of the Division Bench of this Court in the case of Ville Parle Kelvani Mandal v/s. The MCGM & Others (WP No.224 of 2011). So also in the case of Janhit Manch v/s. MCGM & Others (PIL 36 0f 2010) by issuing certificate of vending to 75 street vendors as per the notified list in the present PIL.

A. A. Siddiquie , Counsel for the Petitioner submitted that once the survey is conducted of the hawkers, then they have to be issued with the vending license. TheCounsel further submits that a survey of 810 hawkers has been conducted. The Corporation may consider their case in tune of the survey report and as to whether they are eligible for the vending license.

While considering the PIL , the Division Bench of Acting Chief Justice  S.V.Gangapurwala and Justice S.G.Chapalgaonkar held that naturally, the survey has to be conducted by the Corporation, its authorities and officers and upon survey being conduced and considering the eligibility of the hawkers, the vending license can be issued. The submission of the Counsel for the Corporation that vending license cannot be given in ‘No hawking zone’ also needs to be appreciated.  

“In fact, the law with regard to the hawkers is considered by the Division Bench of this Court in various Writ Petitions bearing W.P. No.652 of 2017 with connected Writ Petitions under judgment and order dated 1st November, 2017. This Court had issued various directions for the same. Respondent-Corporation so also the hawkers are bound by the said judgment delivered by this Court. The Corporation shall implement and enforce the said judgment in true letter and spirit”, with this observation the Bench disposed of the PIL.

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