SAFDAR ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the facts as well as grounds raised in the above three writ appeals are same, they are being decided by this common order.

(2.) Appellants in the above three writ appeals are 'street vendors' who have filed three separate writ petitions bearing WPC Nos.1263/18, 1557/18, 1885/18 feeling aggrieved by removal of encroachments made by them on public road by respondent No.3 and those petitions came to be dismissed vide common order dated 2.7.2018 against which a review petition bearing No.75/2018 was filed, which was also dismissed as withdrawn vide order dated 23.7.2018.

(3.) Brief facts relevant for disposal of these appeals are that the appellants are 'street vendors' and doing their respective business within the periphery of area known as 'Indira Market', Durg. On 8.3.2019 respondent No.3 had removed the encroachments of appellants and evicted them on the ground that they have encroached upon the public road & footpath. This action of respondent Corporation made them to approach the High Court by filing separate writ petitions on the ground that they are doing their business at the disputed place (within periphery of Indira Market, Durg) for last forty years; the Municipal Corporation was charging taxes from them; there was no traffic hindrance due to business of appellants and that Indira Market is being used and recognized as 'vending zone' for last so many years. It was also mentioned that in the year 2010 the appellants and many other street vendors were given assurance that they will be shifted from Indira Market, Durg and resettled in an area earmarked by the Municipal Corporation i.e. Samriddhi Bazar', Durg, and also taken some charges from them towards allotment of shops to them. It was also pleaded that Samriddhi Bazar is located far from Indira Market, Durg, where there is no approach road, therefore, proper development of market is not possible there. The action on the part of respondent-Municipal Corporation is contrary to the Policy, 2009; the Street Vendors Protection of Livelihood and Regulation of Street Act, 2014 (for short 'the Act of 2014') and also in violation of Articles 19 & 21 of the Constitution of India.