The Himachal Pradesh High Court in the case Court on its own motion vs. State of H.P & Ors observed and has directed the State government for promptly constituting the ‘Town Vending Committee’ in Shimla in accordance with Section 22 of the Street Vendors, the Protection of Livelihood and Regulation of Street Vending Act, 2014 and the corresponding rules. The bench comprising of Chief Justice M.S Ramachandra Rao and Justice Ajay Mohan Goel in the case observed and has passed the said direction after noting that the lack of action which is being taken by the Municipal Commissioner and the Municipal Committee in order to fulfil their obligations under the statute.
The court observed that it has been revealed in the report that the Municipal Committee had resorted to eviction measures against street vendors operating in the Lower Bazaar area wherein it is declared it a ‘No Vending Zone’ since 21.01.2023. It has also been stated by the said court that it is at loss to understand how a notification declaring an area as a ‘No Vending Zone’ as stated under Section 18(1) of the Act could be issued in the absence of a Town Vending Committee.
Further, the said court observed that the counsel appearing for Vyapar Mandal, Shimla to share the details of licenses held by the members of the association with the counsel appearing for Municipal corporation within the period of two weeks in order to facilitate the verification process.
However, the court while considering the facts and circumstances of the case also directed the Municipal Corporation for taking immediate steps to constitute a ‘Town Vending Committee’ as per Section 22 of the Act and the corresponding Rules. Further, the State Government wherein acting under Section 20 of the Act, was tasked with promptly establishing a ‘Dispute Redressal Mechanism’ in order to address any conflicts which is arising from the street vending activities.
Accordingly, the court listed the matter for further consideration on August 08, 2023.
