The High Court directed the Commissioner of Bhubaneswar Municipal Corporation to dispose of a pending representation within four weeks and to restrain coercive action against petitioners disputing kiosk allotment for street vendors.
Dispose of pending representation within four weeks; no coercive action against petitioners until disposal.
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W.P.(C). No. 12250 of 2020
conferencing.
Heard learned counsel for the petitioners and learned Addl. Government Advocate.
Petitioners in this writ petition seek for a direction to opposite party No.3-Commissioner of Bhubaneswar Municipal Corporation to consider the grievance of the petitioners and allot the kiosk built in between Rajmahal Square to Ram Mandir square on the basis of survey report prepared by the municipality and the petitioners may not be evicted from their respective shops situated in the vending zone near St. Joseph High School Ram Mandir Square, Unit-9 Bhubaneswar.
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Learned counsel for the petitioners contended that in the year 2008 Bhubaneswar Municipal Corporation allowed provisionally to establish a flower vending zone consisting of 78 numbers of vendors near ST Joseph High Schho, Ram Mandir Square Unit-9 and accordingly the vending zone was created and allotted to the beneficiaries and they operate the same from January, 2009. While continuing as such the Street Venders Protection of Livelihood and Regulation of Street Vending Act, 2014 came into force from March, 2014. In the meantime Bhubaneswar was declared as a smart city and the authorities of smart city limited decided to regulate and rehabilitate the venders as per their plan and accordingly kiosk were built by the smart city limited between Rajmahal Square to Ram Mandir Square and it was decided to rehabilitate the venders
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vending in the vending zone at Rama Mandir square in the kiosk. The kiosks were built by the authorities of smart city and it was handed over to the Bhubaneswar Municipal Corporation for distribution on the basis of the survey report conducted. The allot order has been issued in the name of the person those who are not there and have sold their respective shops since long to the petitioners.
Ventilating the aforesaid grievance petitioners have filed a representation before opposite party No.3 on 7.5.2020 vide Annexure-6 and the same is still pending. Hence the present writ petition.
Considering the above, we dispose of the writ petition with a direction to opposite party No.3 to dispose of the representation of the petitioners within a period of four weeks from the date of production of the certified copy of the order. No coercive action shall be taken against the petitioners till disposal of the representation of the petitioners.
……………… S.Panda,J.
…..……………… K.R.Mohapatra, J
Petitioners
Commissioner of Bhubaneswar Municipal Corporation
S. Panda
K. R. Mohapatra
As recorded by the court registry
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