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Jharkhand High Court · body

2018 DIGILAW 419 (JHR)

National Hawkers Federation, Ranchi Chapter represented through its Secretary, Anita Das v. Union of India through the Secretary, Ministry of Housing and Urban Poverty Alleviation New Delhi

2018-02-19

APARESH KUMAR SINGH, RATNAKER BHENGRA

body2018
ORDER : The matter was adjourned on 16.08.2017 after recording in some detail the stand of the Respondent-Urban Development Department by granting the State 2 months time to show progress in the matter of implementation of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. When the matter was taken up on 31.10.2017, thereafter, State took further time to file the affidavit in that light. 2. A supplementary counter affidavit has been filed on 09.11.2017 on behalf of the Urban Development and Housing Department, Government of Jharkhand. According to it, the survey of street vendors is completed in 28 Urban Local Bodies and a total of 27779 street vendors are identified. The approval of identified street vendors list is being done by the local Board (Annexure-A). In terms of Rule 12.0 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015, out of 30 members of Town Vending Committee(TVC), 18 will be nominated from different government department and the rest 12 will be representatives of street vendors to be selected through election process. The election process has been completed in Municipal Corporation, Dhanbad, Nagar Parishad Sahibganj, Chaibasa (West Singhbhum), Lohardaga, Gumla, Simdega, Khunti, Pakur and Koderma. Election in remaining urban local bodies will be completed in due course. 3. Distribution of Identity card to the identified street vendors is in progress. Identification of land and planning for the development of organized vending zones for street vendors is also in progress. Training modules have been prepared to provide awareness amongst the street vendors of their rights, duties, sanitation, health, hygiene and consumer rights etc. Opening of bank account is also in progress to ensure linkages with Bank and financial inclusion. 4. As per the Ministry of Housing and Urban Poverty Alleviation (MoHUPA), Government of India letter dated 10.02.2016, the State has been allowed to implement the components of the Mission, based on the local capacity and requirement. It is no longer restricted to all the District head quarter town and all other cities with a population of 1,00,000 or more as per 2011 census can be covered under it. It is no longer restricted to all the District head quarter town and all other cities with a population of 1,00,000 or more as per 2011 census can be covered under it. As per the guidelines of Mission and requirement, remaining 16 Urban Local Bodies at Rajmahal, Bishrampur, Jhumaritilaiya, Chakardharpur, Basukinath, Chhatarpur, Mihijam, Bararwara, Bundu, Jugsalai, Kapali, Madhupur, Manjhion, Hussainabad, Nagar Untari, Chakulia have been selected wherein Support to Urban Street Vendors (SUSV) component of DAY-NULM, will be implemented. 5. The Urban Development and Housing Department has floated Request for Proposal (RFP) on 14.09.2017 for the third time to execute the designed interventions in rest of the 16 census towns. The Department has further notified “The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme (Plan) 2017” on 29.03.2017 to comply with the requirement of Clause 38(7) of the Act of 2014 notified by the Government of India. The matter of notification of Jamshedpur as Industrial Township is under consideration at Government level. The declaration of Industrial Township of areas falling under the Public Sector Undertakings like BCCL, DVC, Bokaro Steel Limited and Central Coalfields Limited is under consideration before the Urban Development and Housing Department. 6. As per the affidavit of Ranchi Municipal Corporation, 17 members of the Town Vending Committee have been nominated by the Government and the rest 12 members of the Committee have to be elected amongst the vendors. One market for street vendors is functional at Madhukam Khadgarha Vegetable Market. The second vendors market is under construction at the southern side of Jaipal Singh Stadium. On temporary basis, 5 places have been identified for the street vendors (I) J.J.Road, Opp. Kotwali Thana; (ii) Shashtri Market Lane; (iii) Purulia Road; (iv) Old Thana Gali and (v) Near Town Hall. 7. The affidavit of the State is of November, 2017 and that of Ranchi Municipal Corporation of August, 2017 itself. The latest progress in the matter of election of representatives of street vendors in these town vending committees and in respect of declaration of industrial township has not been furnished to the learned counsel for the Respondent State. The RFP appears to have been issued for the third time. They are supposed to select agencies to make designed interventions for implementation of the Act of 2014 in these cities/census towns. 8. The RFP appears to have been issued for the third time. They are supposed to select agencies to make designed interventions for implementation of the Act of 2014 in these cities/census towns. 8. In these circumstances, we are constrained to adjourn the matter for further 3 weeks to enable the learned counsel for the State to seek instruction and provide latest update. We may further also, at the same time, put a word of exigency in the minds of the Respondent authorities to ensure that the structure conceived under the Act of 2014 for setting of town vending committees in order to address both needs of the vendors and that of the public at large, needs to be put up at the earliest, otherwise the object and purpose of the Act would remain on paper only. 9. Accordingly, let the case appear in the week of 19th March, 2018 under the same heading. Learned counsel for the D.V.C., Bokaro Steel Limited and Central Coalfields Limited have reportedly filed their counter affidavit in connected W.P.(PIL) No. 1571 of 2015 and also deposited the cost as directed by our order dated 24.07.2017 and 16.08.2017. Order accordingly.