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2018 DIGILAW 484 (GAU)

S. S Road Hawkers Association (Goenka to M. G Road) Fancy Bazar v. State of Assam

2018-03-21

NELSON SAILO

body2018
ORDER : NELSON SAILO, J. 1. Heard Mr. A Sharma, the learned counsel for the writ petitioner. 2. By filing this writ petition, the petitioner who claims to be an Association of street hawkers and vendor registered under the Societies Registration Act XXI 1860 has alleged that the respondents authorities concerned in violation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending), Act, 2014 (2014 Act in short) is intending to shift the members of the petitioner Association to a location identified as mezzanine floor of the multi-storied market at Fancy Bazar belonging to the Gauhati Municipal Corporation (GMC). In order to show the cause of action, the petitioner association has annexed a newspaper report dated 28.11.2012 (Annexure-Vii). 3. Mr. A Sharma, the learned counsel for the petitioner contends that the respondent authorities concerned in fact are required to undertake the required steps in terms of Sub-Section-3 to Section 3 of the 2014 Act as well as Sub-Section 3 of Section 18 of the 2014 Act besides others. He therefore submits that unless a proper survey and notification is issued by the respondent authorities concerned notifying hawking zone and issuance of a 30 days' notice prior to relocating the vendors, the steps contemplated by the respondent authorities would be untenable and violative of the Fundamental Rights of the members of the petitioner association. 4. The attention of the Court has also has been drawn to the direction passed by a Division Bench of this Court through common order in PIL No. 86 of 2013. The operative portion of the said order may be reproduced below: “It is apparent that the vendors are occupying a major portion of the road and the public at large has been suffering. At the same time it is also upon the respondents to provide suitable vending zone to the vendors by implementing the Act in its true spirit. It appears that the Act has been duly notified and survey has been done and as such there is no reason as to why the vending zones should not be notified and the vendors are not provided with suitable place to run their trades. In view of the above, it is directed that the competent authorities shall pass necessary orders within 3 (three) months from today specifying the vending zones as indicated above by implementing the Act in its true spirit. In view of the above, it is directed that the competent authorities shall pass necessary orders within 3 (three) months from today specifying the vending zones as indicated above by implementing the Act in its true spirit. Till such notification is published, the vendors of the association shall not be evicted without following due procedure of law. However, the State is also directed to take appropriate measures for maintaining safety of the public at large, commuters of the road in question as well as its vicinity and the residents of that locality.” 5. Pursuant to the disposal of the PIL, the respondent authorities having not complied with the directive of the Division Bench, the petitioner Association in PIL No. 112 of 2015 filed contempt petition before this Court and the same was registered as Contempt Case (C) No. 131 of 2017. The contempt petition was however closed vide order dated 01.09.2017 with the following observation: “We are satisfied with the efforts mentioned in the affidavit of the Chief Secretary for the purposes of notifying suitable vending zones and hence, we do not find any justification to proceed further in the matter. We, however, expect and hope that by 31.12.2017, notification will positively be published in respect to vending zones. The contempt petition stands finally disposed of.” 6. However, the deadline of 31.12.2017 for publishing a notification notifying vending zone having still not been notified, the petitioner in the contempt petition filed an interlocutory application i.e I.A No. 2885 of 2018 for reviving the contempt petition. Admittedly, the Interlocutory Application is pending as on date and it is submitted at the Bar that the same is due to be listed in the second week of April, 2018. 7. Mr. S Bora, the learned Standing Counsel for the GMC appearing for the respondent Nos. 2, 5 and 6 submits that the mezzanine floor of the multi-storied market at Fancy Bazar belonging to the Gauhati Municipal Corporation (GMC is being prepared for relocation of as many as 230 vendors which would include the members of petitioner Association. He submits that in view of the direction passed by a Division Bench of this Court in PIL No. 86 of 2013 as well as in Contempt Case (C) No. 131 of 2017, construction work is being carried out in full swing and the entire work is due to be completed by 31st March, 2018. He submits that in view of the direction passed by a Division Bench of this Court in PIL No. 86 of 2013 as well as in Contempt Case (C) No. 131 of 2017, construction work is being carried out in full swing and the entire work is due to be completed by 31st March, 2018. He also submits that since the issue is being dealt with in the Interlocutory Application No. 2885 of 2018 and due to be listed shortly, the writ petition may be tagged along with the said Interlocutory application. 8. Considering the issue involved and the fact that the subject matter has been dealt by a Division Bench of this Court in the related PIL and further that the I.A No. 2885 of 2018 is due to be taken up shortly, I am of the view that the instant writ petition should be tagged along with I.A No. 2885 of 2018 arising out of Contempt Case (C) No. 131 of 2017. 9. In the meantime, let a notice of motion be issued, returnable by 3 weeks. 10. Ms. M Bhattacharjee, learned State Counsel accepts notice on behalf of the respondent Nos. 1, 3 and 4 whereas Mr. S Bora, the learned counsel accepts notice on behalf of respondent Nos. 2, 5 and 6. Ms. S Khound, the learned counsel accept notice on behalf of respondent No. 7. Mr. H Gupta, the learned CGC accepts notice on behalf of Respondent No. 8. Extra copies of the writ petition be furnished to the respective counsel within 3 days. 11. In the interim, it is hereby provided that the respondent authorities shall not take any coercive steps against the members of the writ petition association without following the relevant provision of 2014 Act. The learned counsels appearing for the respondents shall apprise the Court the present status of the construction and the manner in which the members of the petitioner association are intended to be shifted to the mezzanine floor belonging to the GMC at Fancy Bazar by the next date.