K RANGANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has filed the above public interest litigation seeking to :

(2.) THE prayer sought in the above writ petition is based on the decision of the Apex court in the case of Maharashtra Ekta Hawkers' Union and another v. Municipal Corporation, Greater Mumbai and others reported in AIR 2004 SC 416, wherein the Apex Court has, in crystal clear terms, discouraged unauthorised hawking in public places.

(3.) AFTER hearing Sri Ramesh Chandra learned counsel for the petitioner and Smt. Niloufer Akbar, Additional Government Advocate for Respondents 1 and 3, we are convinced that permitting the roadside vendors and allowing the hawkers on the footpaths/ streets causes not only great public nuisance, but also affects the public health and public safety. The right of such vendors under the pretext of Arts. 19 (l) (g) and 21 of the Constitution of India cannot be a justification for permitting the hawkers to vend on the foot paths or streets within the street/road margin. On the other hand, it may also not be proper for this Court to issue a direction as prayed for as the same is very ambiguous, as pointed out by the learned Government Advocate.