Section 10. Cancellation or suspension of certificate of vending
Where a street vendor who has been issued a certificate of vending under this Act commits breach of any of the conditions thereof or any other terms and conditions specified or the purpose of regulating street vending under this Act or any rules or schemes made thereunder, or where the Town Vending Committee is satisfied that such certificate of vending has been secured by the street vendor through misrepresentation or fraud, the Town Vending Committee may, without prejudice to any other fine which may have been incurred by the street vendor under this Act, cancel the certificate of vending or suspend the same in such as may be specified in the scheme and for such period as it deems fit:
Provided that no such cancellation or suspension shall be made by the Town Vending Committee unless an opportunity of hearing has been given to the street vendor.
How courts have applied section 10
- Eviction of licensed street vendors must follow Section 18 of the Act, including thirty days' notice; action without it is unsustainable.1,2,3,4,5
- Show cause notices under Section 10 can be challenged, but courts may decline to entertain writ petitions where an efficacious alternative remedy by way of appeal under Section 11 and Rules 9-10 exists.6
- Issues about eligibility for Certificates of Vending are for the Town Vending Committee to consider in its survey and data collection.7
- A Certificate of Vending does not authorise conversion of a vending site into a permanent structure; breach of conditions such as Condition 14 can justify action despite long vending history.8
- The Act does not confer a right to vend at a particular place; certificates are not issued in respect of a specific location.9
- Where a vending area is declared a 'No Vending Zone', vendors may be relocated to a newly created zone.10
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The judgements here primarily concern challenges to actions taken against street vendors under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, with most focusing on eviction and relocation procedures rather than on Section 10 itself. Courts in these orders most often decided whether authorities had followed the statutory procedure before acting against vendors, particularly the requirement of prior notice under Section 18 of the Act. Where the authority had not given due notice, the action was held unsustainable in law.7,8,6,11,1,2,3,4,5
Section 10 was invoked in a few cases as a basis for action. In one Delhi case, the High Court held that issues about issuance of Certificates of Vending to persons whose family members already held certificates were matters for the Town Vending Committee to consider in its survey and data collection. In another Delhi case, the court dismissed a vendor's petition where photographs showed the vending site had been converted into an entire shop with grills, glass frames, a freezer, and a refrigerator, breaching Condition 14 of the Certificate of Vending which prohibits movable structures; the court treated repeated challans and fines as notice of repeated violations. A Punjab and Haryana case challenged show cause notices issued under Section 10, but the court disposed of the petition on the ground of efficacious alternative remedy, specifically the appeal to the local authority under Section 11 and to the Appellate Authority under Rules 9 and 10 of the Street Vending Rules, 2015.7,8,6
Several Orissa cases did not engage with Section 10 but with Section 18, holding that eviction of licensed street vendors must proceed strictly under that provision, including declaration of a no-vending zone on the recommendation of the Town Vending Committee, relocation per the scheme, and thirty days' notice before eviction. The courts in these orders consistently held that any eviction action without such notice cannot be sustained. In one Orissa case, the court also noted that Sections 3 and 4 of the Act do not contemplate issuance of certificates in respect of a particular place.9,12,5,13,14,1,2,3,4,15,16,17,18
By court
Outcomes
Judgements applying section 10
Street vending; Certificate of Vending (COV); ineligible vendors; same family prohibition; NDMC / New Delhi Municipal Council; Town Vending Committee (TVC); survey and data verification;
Writ Petition (Civil)OpenStreet vendor writ petition dismissed; provisional Certificate of Vending URI 7818099; Food/Snack with gas cylinder/fire; Hauz Khas Village; MCD enforcement action not illegal; Delhi Police harassment alleged; Condition 14 no permanent or temporary structure;
Writ Petition (Civil)Openstreet vendor; registered street vendor; Town Vending Committee (TVC); Municipal Corporation Chandigarh; re-allocation of vending site; certificate of vending; alternative remedy; remedy of appeal; Section 11 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014;
DisposedOpenstreet vendors Chandigarh; certificate of vending cancellation; Town Vending Committee delegation of powers to Additional Commissioner/Joint Commissioner; Section 10 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; Section 11 statutory appeal; Rule 12 Rules of 2015;
DisposedOpenWrit petition by 25 street vendors of Chandrabhaga Road side, Konark (holders of Street Vending Identity Cards of 2020), seeking protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and restraint on eviction till rehabilitation in a suitable vending zone.
DismissedOpenStreet vendor eviction and relocation; Chandrabhaga Road side, Konark, Puri; Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 — Sections 3, 4, 38;
DismissedOpen
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Street vendor eviction demolition without notice; vending license granted by competent authority; encroachment on Government land contention unrefuted; Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 quoted in full including no-vending zone, relocation, thirty days'…
DisposedOpenOrissa High Court, W.P.(C) 36877/2022, decided 20.02.2024 (B.R. Sarangi & M.S. Sahoo JJ.). Street vendor (licensed) versus State of Odisha — eviction/demolition of vending unit.
DisposedOpen
street vendors; eviction; demolition of shops; vending licence; Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; due notice before eviction; relocation; no-vending zone; Town Vending Committee; certificate of vending cancelled under section 10;
DisposedOpenOdisha High Court, Cuttack; W.P.(C) No.2016 of 2024; decided 23.02.2024 (order dated 23.02.2024); bench Dr. Justice B.R. Sarangi and Mr. Justice M. S. Sahoo. Street vendors with vending licences challenged threatened closure / demolition of their vending units without due process.
DisposedOpenOrissa High Court, Cuttack — W.P.(C) No.29271 of 2023, order dated 22.02.2024 (Coram: Dr. Justice B.R. Sarangi and Mr. Justice M. S. Sahoo), disposed of. Street vendor with vending licence challenged threatened demolition/eviction without due process. Key phrases: street vendor; vending license; eviction; demolition;
DisposedOpenOrissa High Court, W.P.(C) No. 10188 of 2021, order dated 22.02.2024 (Coram: Dr. Justice B.R. Sarangi and Mr. Justice M.S. Sahoo) — Sadananda Jena and others v. State of Odisha and others. Keywords: street vendors; vending licence;
DisposedOpenLicensed street vendor resisting demolition/eviction; Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 procedure (notice, relocation, no-vending zone); unauthorised occupation of Government land; obstruction to road/public; eviction without due notice unsustainable;
DisposedOpenStreet vendors with vending licences facing eviction/demolition; requirement of due notice under Section 18, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 before relocation or eviction; action without notice unsustainable; liberty to authorities to proceed afresh per statute;
DisposedOpen
Show 4 more
street vendor; vending licence; certificate of vending; eviction; demolition of shop; due procedure; Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; Town Vending Committee; no-vending zone; relocation; thirty days' notice; encroachment on Government land;
DisposedOpenOdisha High Court writ disposed 21.02.2024; street vendors with valid vending licences; threatened demolition/closure of vending units; eviction without due process challenged; Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; thirty days' notice;
DisposedOpenOdisha High Court writ petition (W.P.(C) No.14491 of 2022) by licensed street vendor against threatened demolition/eviction of vending shop; eviction must follow Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - due notice, relocation, Town Vending Committee, no-vending…
DisposedOpenStreet vendor eviction; vending licence; Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; thirty days' notice before relocation or eviction; demolition without due procedure cannot be sustained; Town Vending Committee; no-vending zone; certificate of vending;
DisposedOpen