Disposed

Md.Naushad Ali v. the State of Odisha

Orissa HC15 Feb 2024WP(C)/655/2023

Case brief

AI extract

What is this about?

The Court held that eviction of street vendors holding valid licenses must strictly follow due procedure under Section 18 of the Street Vendors Act, 2014, including notice. As no notice was given, the action was unsustainable. The writ was disposed of, vacating interim orders.

What did the court decide?

Interim order passed earlier stands vacated. Petition disposed of.

Md.Naushad Ali Vs the State of Odisha — Pension and Retirement Benefits | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No. 655 of 2023

¶3

MD. Naushad Ali & Others

¶4

….. Petitioners

¶5

Mr. S.C. Puspalaka, Advocate Vs.

¶6

State of Odisha and others

¶7

….. Opposite Parties

¶8

Mr. A. K. Sharma, AGA Mr. B. Dash, Advocate (O.P.No.3)

¶9

CORAM:

¶10

DR. JUSTICE B.R. SARANGI MR. JUSTICE M. S. SAHOO

ORDER

15.02.2024

Order No.

This matter is taken up through hybrid mode.

¶16

Heard learned counsel for the parties.

¶17

The petitioners, claiming to be a 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.

¶18

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 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

¶19

Page 1 of 3

¶20

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.

¶21

Learned counsel for the 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.

¶22

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 State-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:-

¶23

“18. Payment of maintenance charges:

¶24

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.

¶25

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.

¶26

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

¶27

Page 2 of 3

¶28

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

¶29

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.

¶30

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.”

¶31

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.

¶32

The writ petition is accordingly disposed of. Interim order passed earlier stands vacated.

¶33

(DR. B.R. SARANGI) JUDGE

¶34

Jyostna/Ashok

¶35

(M.S. SAHOO) JUDGE

¶36

Signature Not Verified

¶37

Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 21-Feb-2024 17:58:12

¶38

Page 3 of 3

Md.Naushad Ali v. the State of Odisha

Case brief

What is this about?

What did the court decide?

Md.Naushad Ali v. the State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Maheswar Kar Vs State of Odisha

Shree S.K.Sarif Vs State and Ors.

Deepak Kumar Jena Vs the Ombudsman Ii, Odisha Electricity Regulatory Commission, Bbsr

Dist. Centre Sai Khudra Bebasai Sangha Vs State of Odisha

Biranchi Prasad Jena Vs Management of General Manager, Daitari Ironore Project

M/S.Media Anupam Ltd,Berhampur Vs Presiding Officer,Labour Court,Bbsr