Section 38. Scheme for street vendors
(1) For the purposes of this Act, the appropriate Government shall frame a scheme, within six months from the date of commencement of this Act, after due consultations with the local authority and the Town Vending Committee, by notification, which may specify all or any of the matters provided in the Second Schedule.
(2) A summary of the scheme notified by the appropriate Government under sub-section (1) shall be published by the local authority in at least two local newspapers in such manner as may be prescribed.
How courts have applied section 38
- Courts have compelled State Governments to notify schemes under Section 38, with a two-month objection period and Grievance Redressal Committees chaired by retired Civil Judges or Judicial Magistrates.1,2,3
- Until a scheme is notified, courts have ordered strict compliance with Section 19 procedures for seized goods.1,2,3
- Collection of daily fees through private contractors beyond prescribed vending fees defeats the object of the Act.4
- Certificates of Vending under a scheme framed under Section 38 do not confer a right to vend at a particular place.5
- Eligibility to hawk does not by itself confer a right to vote in Town Vending Committee elections.6,7,8
- Publication of a voters' list more than three months before polling satisfied Rule 15 of the 2016 Rules.6,8
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The judgements here mostly concern how courts have overseen the implementation of the Street Vendors Act, 2014, including schemes framed under Section 38, rather than the content of the schemes themselves. Several Bombay High Court orders directed the State Government to notify the Street Vendors Scheme under Section 38, requiring a two-month objection period, constitution of Grievance Redressal Committees chaired by retired Civil Judges or Judicial Magistrates (or persons from adjoining areas where unavailable), provision of staff and office space, and strict adherence to Section 19 procedures for seized goods until the scheme was finalised. Pending notification, courts directed immediate compliance with Section 19 regarding seized goods.1,2,3
Courts also subjected schemes framed under Section 38 to scrutiny for compliance with the Act's objective. The Madras High Court held that street vending is a livelihood right under Article 19(1)(g) but must be regulated; collection of daily fees through private contractors beyond prescribed vending fees defeats the scheme's object, and failure by municipal authorities attracts disciplinary consequences. The Orissa High Court, dealing with a scheme framed under Section 38, held that Sections 3 and 4 of the Act do not contemplate issue of Street Vending Certificates in respect of a particular place. In a Meghalaya case, the court clarified that additional hawkers described in an earlier order were already included in the identified vendors, and the exercise was restricted to those vendors, of whom only some were found eligible on survey under the scheme.4,5,9
Election processes related to Town Vending Committees, though not directly about Section 38, were upheld in several Bombay High Court judgements. The Court ruled that eligibility to hawk does not ipso facto confer voting rights, that publication of the voters' list even far more than three months before polling satisfied Rule 15 of the 2016 Rules, and rejected applications were properly rejected. The delay in publishing the voters' list prejudiced nobody. These rulings validated the elections and directed that results be declared immediately.6,8
By court
Outcomes
Judgements applying section 38
Palima Rajendra Kondar Tata Nagar Zopadpatti and Ors. Vs Deputy Commissioner and Ors.
Outcome: DisposedThe Bombay High Court directed the State Government of Maharashtra to finalize and notify the Street Vendors Scheme under Section 38 of the 2014 Act. The Court further ordered the constitution of Grievance Redressal Committees with retired judges or magistrates as chairmen, provided necessary infrastructure, and…
DisposedOpenThe Court directed the Maharashtra Government to complete the constitution of Grievance Redressal Committees under Section 20 of the Street Vendors Act, 2014, by resolving staffing issues for Chairmen, and to notify the Draft Street Vendors Scheme after allowing two months for objections.
DisposedOpenMaharashtra Hawkers Federation Vs State of Maharashtra Thr. Principal Secretary and Anr.
Outcome: DisposedThe High Court adjudicated writ petitions concerning the delayed formulation of the Street Vendors Scheme in Maharashtra. The Court directed the State to constitute Dispute Redressal Committees with proper judicial chairmanship and provided infrastructure.
DisposedOpenContempt petition by a resident complaining of street-vendor encroachments blocking access in Kadayanallur, heard with writ petitions by street vendors seeking vending committees and zones under the Street Vendors Act, 2014.
DisposedOpenContempt petitions (CONT.CAS(C) 74-78/2022, Delhi High Court, Dharmesh Sharma, J., 12.03.2025) by Kishan Lal, Mustafa, Sukhan Sahani, Dulare Lal and Kriti Kumar against Dharmender and Ors/NDMC concerning directions allowing petitioners to continue squatting/vending at Connaught Place, New Delhi.
Contempt Case (Civil)OpenContempt petitions; CONT.CAS(C); Delhi High Court; NDMC; street vendors; squatting; Connaught Place; Rajiv Chowk; Indira Chowk; W.P.(C) 12643/2021; W.P.(C) 11493/2016; Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 S. 38; Second Schedule; GNCTD Street Vendors Scheme 2019 Para 6.2;
Contempt Case (Civil)Open
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Delhi High Court contempt order dated 12.03.2025 by Justice Dharmesh Sharma; CONT.CAS(C) 74/2022, 75/2022 (with CM APPL. 12831/2022 & CM APPL. 34812/2023), 76/2022, 77/2022, 78/2022; petitioners Kishan Lal, Mustafa, Sukhan Sahani, Dulare Lal, Kriti Kumar v. Dharmender and Ors (NDMC);
Contempt Case (Civil)Openstreet vending; Town Vending Committee election; Tiruchirappalli/Trichy Corporation; Rule 12(1), Rule 13(5), Rules 12 & 13 of Rules/Scheme 2015; notification must be published in Official Gazette; District Gazette is relevant gazette for corporation; website and newspaper publication insufficient/void;
AllowedOpenWrit 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;
DismissedOpenMeghalaya High Court, Shillong; 2025:MLHC:1015-DB; order dated 27.10.2025; MC (PIL) No.8/2025 in PIL No.17/2021 with MC(PIL) No.1/2025, MC(PIL) No.3/2025, PIL No.9/2024; Soumen Sen, Chief Justice and W. Diengdoh, Judge; street vendors; hawkers; Laitumkhrah; Shillong Municipal Board; 122 vendors; 48 additional hawkers;
DisposedOpenThis order directed that physically disabled petitioners may continue vending temporarily at Rajiv Chowk and Indira Chowk, consistent with the NDMC's humanitarian decision in a prior case, without granting permanent preference or protection from future removal.
Writ Petition (Civil)Open
All India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpenJanwadi Hawkers Sabha Th. President K. Narayan vs Town Vedning Committee-Mcgm Th. Its Chairperson
Outcome: DisposedHIGH COURT OF JUDICATURE AT BOMBAY (Ordinary Original Civil Jurisdiction), Coram A.S. Gadkari & Kamal Khata, JJ.; reserved 11.02.2026, pronounced 23.03.2026. Cluster of seven writ petitions (plus two interim applications) by hawker unions and vendor groups challenging the Registered Voters' List (electorate c.
DisposedOpenColaba Causeway Tourism Hawkers Stall Union vs State of Maharashtra Th. Urban Development Dept.
Outcome: DisposedBombay High Court (A.S. Gadkari and Kamal Khata, JJ.), judgment pronounced 23.03.2026 - connected writ petitions (lead WP(L) 29339/2024; WP 3690/2025, WP 3700/2025, WP(L) 7275/2025, WP(L) 25070/2024, WP 727/2025, WP(L) 4024/2025, WP(L) 4022/2025, IA(L) 8953/2025, IA(L) 9689/2025) by Maharashtra Ekta Hawkers Union,…
DisposedOpenAll India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpenJanwadi Hawkers Sabha Th. President K. Narayan vs Town Vedning Committee-Mcgm Th. Its Chairperson
Outcome: DisposedHIGH COURT OF JUDICATURE AT BOMBAY (Ordinary Original Civil Jurisdiction), Coram A.S. Gadkari & Kamal Khata, JJ.; reserved 11.02.2026, pronounced 23.03.2026. Cluster of seven writ petitions (plus two interim applications) by hawker unions and vendor groups challenging the Registered Voters' List (electorate c.
DisposedOpenColaba Causeway Tourism Hawkers Stall Union vs State of Maharashtra Th. Urban Development Dept.
Outcome: DisposedBombay High Court (A.S. Gadkari and Kamal Khata, JJ.), judgment pronounced 23.03.2026 - connected writ petitions (lead WP(L) 29339/2024; WP 3690/2025, WP 3700/2025, WP(L) 7275/2025, WP(L) 25070/2024, WP 727/2025, WP(L) 4024/2025, WP(L) 4022/2025, IA(L) 8953/2025, IA(L) 9689/2025) by Maharashtra Ekta Hawkers Union,…
DisposedOpen
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All India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpenJanwadi Hawkers Sabha Th. President K. Narayan vs Town Vedning Committee-Mcgm Th. Its Chairperson
Outcome: DisposedHIGH COURT OF JUDICATURE AT BOMBAY (Ordinary Original Civil Jurisdiction), Coram A.S. Gadkari & Kamal Khata, JJ.; reserved 11.02.2026, pronounced 23.03.2026. Cluster of seven writ petitions (plus two interim applications) by hawker unions and vendor groups challenging the Registered Voters' List (electorate c.
DisposedOpenColaba Causeway Tourism Hawkers Stall Union vs State of Maharashtra Th. Urban Development Dept.
Outcome: DisposedBombay High Court (A.S. Gadkari and Kamal Khata, JJ.), judgment pronounced 23.03.2026 - connected writ petitions (lead WP(L) 29339/2024; WP 3690/2025, WP 3700/2025, WP(L) 7275/2025, WP(L) 25070/2024, WP 727/2025, WP(L) 4024/2025, WP(L) 4022/2025, IA(L) 8953/2025, IA(L) 9689/2025) by Maharashtra Ekta Hawkers Union,…
DisposedOpenAll India Trade Union Congress Hawkers Union vs Municipal Corporation of Greater Mumbai
Outcome: DisposedStreet Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; S.22(2)(d) TVC elections Mumbai 29-08-2024; Rule 15 Maharashtra Street Vendors Rules 2016 voters list objections; 99,435 hawkers 2014 survey; 29,008 verification four months; Azad Hawkers Union WP 652/2017 2017 SCC OnLine Bom 10261;
DisposedOpen