Disposed¶30

Dist. Centre Sai Khudra Bebasai Sangha v. State of Odisha

Orissa HC15 Feb 2024WP(C)/131/2022

Case brief

AI extract

What is this about?

Street vendor eviction and demolition writ, Odisha; Section 18 Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014; due notice before relocation or eviction; thirty days' notice; vending licence; Town Vending Committee; no-vending zone; certificate of vending; High Court of Orissa at Cuttack; W.P.(C) No. 131 of 2022; disposed 15.02.2024; Dr. Justice B.R. Sarangi; Mr. Justice M.S. Sahoo.

What did the court decide?

Writ petition disposed of with the direction that the petitioners may be evicted only by following the procedure under Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, including prior due notice; action already taken without such notice cannot be sustained. ¶30

Dist. Centre Sai Khudra Bebasai Sangha Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether the opposite parties may demolish or evict the petitioners' licensed street vending units without following the due procedure prescribed under Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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Court's answer

Where the petitioners carry on business as street vendors under a licence granted by the competent authority, any step for their eviction must be taken as per the provisions contained under Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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Ratio / Principle

Since the requisite due notice was not given, any action taken by the authority in the present case cannot be sustained in the eye of law.

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Key takeaways

It remains open to the opposite parties to take necessary steps in consonance with the provisions contained under Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and do the needful by following due procedure of law.ratio¶29

Detailed headnote1 paragraphs

Licensed street vendors affiliated to District Centre Sai Khurda Bebasai Sangha sought protection of their vending units from demolition/eviction. Held (Dr. Justice B.R. Sarangi and Mr. Justice M.S. Sahoo), disposing of the writ petition: where vendors carry on business under a vending licence granted by the competent authority, eviction can be effected only as per the provisions of Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; as no due notice was given, any action already taken by the authority cannot be sustained in the eye of law, while the opposite parties remain free to take afresh such steps as are in consonance with Section 18 by following due procedure of law.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 131 of 2022

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District Centre Sai Khurda Bebasai Sangha and others

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….. Petitioners Mr. S. Mohanty, Advocate

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Vs.

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State of Odisha and others

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….. Opposite parties

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Mr. A.K. Sharma, AGA & Mr. B.K. Dash, Advocate (O.P.3)

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CORAM:

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DR. JUSTICE B.R. SARANGI

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MR. JUSTICE M. S. SAHOO

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ORDER 15.02.2024

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Order No. This matter is taken up through hybrid mode. 15.

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Heard learned counsel for the parties.

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The petitioners, claiming to be the street venders have filed this writ petition seeking direction to the opposite parties not to demolish their shop without following due procedure of law as envisaged under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and allow them to continue their vending unit as Street Vendors.

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Learned counsel for the petitioners contended that the petitioners are carrying on their small business as street vendors in order to sustain their livelihood. As such, their business units have not in any way affected the general public and traffic movement. The petitioners are continuing their street vending business in accordance with the Street Vending Act, 2014 and have followed the procedure and instructions. But now steps have been taken for closing down the shops, which will affect their right to life. Therefore, the petitioners have approached this Court by filing the present writ petition. It is

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Page 1 of 3

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contended that before closing down the same, at least the petitioners be relocated and, as such, eviction should be done by following due 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.

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Learned counsel appearing for opposite parties contended that due to unauthorized occupation of the land by the street vendors, obstruction on the road has been caused and, therefore, in the interest of public at large, steps have been taken for eviction of the petitioners. Thereby, no illegality or irregularity has been committed by the authority in taking steps for eviction of the petitioner.

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Having heard learned counsel for the parties and after going through the records, this Court finds that there is no dispute before us to the extent that the petitioners are carrying on business as street vendors having vending license granted by the competent authority. The contention of the opposite parties that the continuance of the petitioners, by encroaching upon the Government land, is causing difficulties to local public, has not yet been refuted. But the fact remains, if the petitioners are carrying on business, as per the license granted by the authority, for their eviction, the authority has to take steps as per the provisions contained under Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which reads as under:-

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“18. Payment of maintenance charges:

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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.

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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

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Page 2 of 3

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without such certificate, in such manner as may be specified in the scheme.

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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 days’ notice for the same in such manner as may be specified in the scheme.

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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.

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Every street vendor who fails to relocate or vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice, shall be liable to pay for every day of such default, a penalty which may extend up to two hundred and fifty rupees, as may be determined by the local authority, but shall not be more than the value of goods seized.”

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In view of the aforesaid provisions, it is made clear that if the authority wants to evict the petitioners, steps should be taken by giving due notice. The same having not been taken in the present case, any action taken by the authority, cannot be sustained in the eye of law. However, it is open to the opposite parties to take necessary steps in consonance with the provisions contained under Section 18 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and do the needful by following due procedure of law.

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The writ petition is accordingly disposed of.

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(DR. B.R. SARANGI) JUDGE

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Signature Not Verified

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Arun

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Digitally Signed Arun Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Feb-2024 16:59:50

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(M.S. SAHOO) JUDGE

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Page 3 of 3

Dist. Centre Sai Khudra Bebasai Sangha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dist. Centre Sai Khudra Bebasai Sangha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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