A street vendor with a vending license sought protection from demolition/eviction. The Court held that any eviction must follow Section 18 of the Street Vendors Act, 2014 including due notice; action taken otherwise cannot be sustained.
Court directed that any eviction must follow Section 18 procedure with due notice; interim order vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1134 of 2023
Pramod Kumar Sethi
….. Petitioner
Mr. S.Mishra, Advocate
Vs.
….. State of Odisha & others Opp.Parties
Mr. A.K. Sharma, AGA Mr. Sisir Das, Advocate (O.PNos.2 & 3)
CORAM:
DR. JUSTICE B.R. SARANGI MR. JUSTICE M. S. SAHOO
ORDER
23.02.2024
Order No. This matter is taken up through hybrid mode. 2.
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procedure, as envisaged under Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The same having not been adhered to, the action of the authority is illegal and arbitrary.
1. The local authority may, on the recommendations of the Town Vending Committee, declare a zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors vending in that area, in such manner as may be specified in the scheme.
2. The local authority shall evict such street vendor whose certificate of vending has been cancelled under section 10 or who does not have a certificate of vending and vends without such certificate, in such manner as may be specified in the scheme.
3. No street vendor shall be relocated or evicted by the local authority from the place specified in the certificate of vending unless he has been given thirty
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days’ notice for the same in such manner as may be specified in the scheme.
4. A street vendor shall be relocated or evicted by the local authority physically in such manner as may be specified in the scheme only after he had failed to vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice.
(M.S. SAHOO) JUDGE
Signature Not Verified
Digitally Signed Signed by: GAGAN BIHARI SAMAL Reason: Authentication Arun/Gs Location: ohc Date: 01-Mar-2024 11:39:07
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1 issue framed by the court
Whether a licensed street vendor can be evicted without following the notice procedure under Section 18 of the Street Vendors Act, 2014.
2 provisions across 1 enactments
Pramod Kumar Sethi
State of Odisha
O.P. No.2
O.P. No.3
B.R. Sarangi
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
