The petitioners are street vendors operating in a vacant land in between the river Bharalu and the Footpath of B. K. Kakati Road at the Sarabhati Chariali area. The cause of action for filing the writ petition arose when the Water Resources Department took steps to protect the Bharalu river from being dumped by garbages by raising fencing which led to reduction of the vacant space resulting the vendors to occupy the footpath and occasionally the main road while carrying out their business. This led to various problems causing traffic jam and as a result the district administration tried to evict the said vendors, keeping in view the inconvenience caused by various customers in the said Sarabhati market. Though initially the cause of action was in respect of fencing works carried out by Water Resources Department but subsequently as submitted by Mr. Ahmed, during the pendency of the writ petition the vendors were tried to be evicted. However vide order dated 24.6.2019 the petitioners were protected from such eviction. As per the direction of the said order dated 24.6.2019 the respondent GMC also filed an affidavit-in-opposition thereby putting on record that as per the survey carried out by the City Mission Management Unit (CMMU), GMC with the help of NGO during the year 2015 and as per that survey there were more or less 7183 Nos. street vendors within the Guwahati city and a duty is cast upon the said Corporation to accommodate them by creating new vending zone. It is also submitted by Mr. Bora, while creating a vending zone there are various hurdles like the Traffic problems, Zoning regulation etc. and as such though there are proposal for creating new vending zone, it was not yet finalized. Be that as it may, under the provision of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the registered vendors under the Municipal Corporation have a right to be accommodated in the vending zone….
