Amar Kumar Sonkar and 4 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Nagar Vikas Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

Amar Kumar Sonkar and 4 Others vs State of U.P. Thru. Prin. Secy. Deptt. of Nagar Vikas Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

One last opportunity granted to the Nagar Nigam, Lucknow to satisfy the Court regarding compliance with Section 21 read with First Schedule (3)(e) and Section 3 of the Street Vendors Act, 2014, failing which the Court will proceed further; case listed fresh on 15.12.2025.

Issue for consideration

Whether a survey had been carried out and a duly notified plan for street vending formulated under Section 21 and Clause 3(e) of the First Schedule of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 before the petitioners' vending area was declared a no-vending zone and they were evicted. +1 more

Court's answer

As of now, no plan for street vending, as referred to in Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and duly notified by the Government, has been brought on record.

Ratio / Principle

Clause 3(e) of the First Schedule read with Section 21 makes declaration of a no-vending zone dependent on the plan for street vending, subject to the principles in Clauses (a) to (e); Clause (e) expressly bars declaring any zone a no-vending zone until the survey has been carried out and the plan for street vending formulated.

Key takeaways

The petitioners have been evicted and prevented from vending solely on the ground that their vending site was declared a no-vending zone, although a survey followed by a plan for street vending is a precondition for such declaration.ratio¶¶12
Section 3 of the Act, 2014 refers to protection of vendors from eviction or relocation, but nothing on record shows that this issue has been addressed.ratio¶¶12

Detailed headnote1 paragraphs

Street Vendors – No-vending zone declaration – Section 21 read with Clause 3(e) of the First Schedule, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 – No plan for street vending, duly notified by the Government, brought on record – Clause 3(e) conditions declaration of a no-vending zone on the plan for street vending subject to principles in Clauses (a)–(e), and Clause (e) prohibits declaring any no-vending zone until survey carried out and plan formulated – Petitioner vendors evicted and prevented from vending on the ground their site was declared a no-vending zone, without survey/plan prerequisites – Section 3 (protection from eviction or relocation) likewise unaddressed on record – One last opportunity granted to Nagar Nigam, Lucknow to satisfy the Court on compliance of Section 21 read with First Schedule (3)(e) and Section 3, failing which the Court will proceed further – Matter listed fresh on 15.12.2025 (Interim order; WRIT - C No. 9096 of 2025; Hon'ble Rajan Roy and Hon'ble Rajeev Bharti, JJ.; 26.11.2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 9096 of 2025

Amar Kumar Sonkar And 4 Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Nagar Vikas Lko. And 5 Others

.....Respondent(s)

Counsel for Petitioner(s) : Shashi Saurabh Tiwari Counsel for Respondent(s) : C.S.C., Namit Sharma, Shailendra Singh Chauhan

Court No. - 1

HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J.

Heard.

As of now, no plan for street vending, as is referred in Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 which may have been duly notified by the Government, has been brought on record. Clause 3(e) of the First Schedule read with Section 21 provides that declaration of no vending zone shall be carried out by the plan for street vending, subject to the principles mentioned in Clause (a) to (e) thereof and Clause (e) provides that till such time when the survey has not been carried out and the plan for street vending has not been formulated, no zone shall be declared as no vending zone. Here the petitioners have been evicted and prevented from carrying out vending activities on the ground that the place where they were carrying on the said activities, has been declared as no vending zone, but for this, there has to be first of all a survey and then a plan for street vending, moreover Section 3 of the Act, 2014 also refers to protection from eviction or relocation of vendors, but nothing is on record to show this issue has been addressed.

We grant one last opportunity to the Nagar Nigam, Lucknow to satisfy the Court as regards compliance of Section 21 read with First Schedule (3)(e) and Section 3 of the Act, 2014, as it is an act to protect the rights of

WRIC No. 9096 of 2025

2

urban street vendors, failing which we will have no other option but to proceed further.

List on 15.12.2025 as fresh.

(Rajeev Bharti,J.) (Rajan Roy,J.)

November 26, 2025

Shravan

Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench