Nagpur: Repeating that illegal vendors must be completely prohibited from operating their business from the road or regional encroachment, the Nagpur bench from the Bombay High Court has emphasized the Nagpur Municipal Corporation (NMC) to ensure that the legal rules are enforced at any cost in such cases.
“By issuing direction to NMC, this court only strives to ensure that the law supremacy is enforced.
There is no enforcement, illegal vendors and people through illegal structures are permitted to run their business on the road or in the abundant area,” the division bench consisting of Sunil Judge Shukre and the annealed kilor ruled.
The direction came when he heard the request submitted by lawyers Nitin Lalwani and five other Jaripatka residents through Shyam Dewani claimed discomfort due to encroachment of poultry vendors, meat and vegetables.
The HC Big Stand came as an eye opening for the Civic body which failed to eliminate rampant encroachment on each main road and path throughout the city, which was occupied by thousands of vendors and illegal vendors.
This leads to congestion in most areas of the city.
Despite repeated complaints, officials failed to act against them.
Civic’s body action sometimes turns out ‘jokes’ as the next day deprivation again the same place, the lawyer said.
Previously, the intervention was submitted through Mohammed Ateeq’s advice which argued that the vendor or vendor from the finger of the NMC push to remove it according to the court order.
He showed that the poor had brought their business to cover more than 25 years and initially they were also given a license to run their business.
Citing street vendors (livelihood protection and Vending Street Regulation) ACT, 2014, ATEEQ argues that NMC actions have influenced their fundamental rights to run a business.
So far there are no right steps according to the action have been taken by NMC and therefore, their fundamental rights are guaranteed based on Article 19 of the Indian Constitution have been affected.
NMC Counsel Jemini was invited by telling that when vendors or vendors submitted a request for the seller’s license update, they were not decided in the field that the City Sales Committee (TVC) had not received approval from the Maharashtra government.
He added no single hawker or vendor, which has a valid license to continue the business on Jaripatka.
“We are aware of the difficulties faced by various vendors or vendors without permission, but this court is also required to see that no one in the name of the street seller or Hawking is permitted to run a business that violates legal provisions,” said the judge.
They provide freedom to vendors or vendors to improve complaints before the appropriate courts and forums, including NMC.
“Their complaints cannot be raised in this petition, because it is only about the elimination of business encroachment and termination carried out by illegal companies, encroachment, vendors without permission or street vendors,” said the bench before removing the application.
Illegal Hawkers, Vendors should not be permitted to run a business on the road: HC
