‘Street vendors no mafia', HC dismisses plea by Manimajra associations
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Chandigarh: Dismissing a petition filed by Manimajra-based associations against street vendors terming them to be part of "mafia", the Punjab and Haryana high court has observed that it cannot close its eyes to "elite class still following the Britishers, who looks down on their own countrymen doing small business and treat them as if they are mafias.
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"The judiciary itself has to rise above from such impressions which such an elite carries. Gone are the days when we had British judges sitting in courts, looking at justice to be delivered for people who rule. We are a country who are now having a homogenous class of Indians. A tribal lady of a remote village can now be the President of India and a worker from the grass root level may reach up to the highest echelons of the administration.
Even in the judiciary we have had examples of persons who worked as munshis/clerks with lawyers and rose up to the level of Chief Justices," the HC has observed.
While dismissing the petitions seeking removal of street vendors, the HC has also imposed a cost of Rs 50,000 each on the petitioner unions to be deposited with the municipal corporation (MC) for the welfare of the street vendors and their families.
"The petitioner prima facie appears to be a motivated petition with a view to use the legal forum for evicting and destabilizing the local business of the street vendors.
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We cannot allow such abuse of process of law," the HC has held.
Division bench comprising Justice Sanjeev Prakash Sharma and Justice Meenakshi I Mehta has passed these orders while hearing a petition filed by the presidents of Manimajra Vyapar Mandal and resident welfare association Manimajra. The petitioner bodies were aggrieved from the inaction of the Chandigarh administration for not removing the encroachments on public paths, roads and on public property made by fruit vendors Rehri vendors, hawkers, squatters and other vendors.
As per the plea, they are creating nuisance, traffic hazards, hindrances in free use of paths, road and public land by the public and badly impact the business of the petitioners as well as members of their association. It was alleged that the vendors, hawkers and squatters are members of the mafia and are encroachers.
Dismissing the plea, the HC observed that there is an attempt through the petition to evict the vendors who are admittedly carrying out vending since long in the area where the members of the union fall.
In its detailed order the HC also recorded that the Manimajra which has been now included as part of urbanized area of UT Chandigarh and was earlier a village of Chandigarh, has had a local market with the street vendors selling their food items etc.
since long.
Relief for vendors
The bench further held that the street vendors and their families, who are depositing fee with the MC Chandigarh for the certificate being given to them for vending, also need to be provided some social protection.
"The amount so recovered by the MC should, therefore, be used for their benefits alone and should be kept in a separate budget head and as s suitable insurance for them, including medical facilities, should be provided by the MC and rules in this regard should be framed," HC has ordered.
Special cell for vendors in MC
The HC has also directed the MC Chandigarh to set up a particular cell of Inspectors/Officers to regulate that there is no misuse of Vendors Act so that genuine people may not be harmed.
Court passed these orders while observing that the Street Vending Act and the benefits which it meant to give to the genuine street vendors is also being misused by a certain set of persons, and even the shopkeepers themselves set up hawker stalls in front of their shops selling their own items.
HC observations
"India being essentially a country of people coming from the villages and cities being formed by their movement of villagers towards the townships for greener pastures, continues to remain an agrarian society. In fact, development of any city is on account of the reason for the movement of the people from the villages to the towns and from towns to the cities," the division bench said.
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