JANPATH KHURDA BYABASAI SANGHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER No. 1 -Janapath Khudra Byabasai Sangha (hereinafter called, 'the Society') along with its office -bearers has filed this Writ Petition seeking directions to Opposite Parties to rehabilitate the members of the Society by providing them adequate space for vending zones and/or kiosks as per the norms prescribed under the National Policy on Urban Street Vendors vide Annexure -2.

(2.) THE brief facts leading to the present Writ Petition are that Petitioner No. 1 is a registered society formed by the street vendors/ hawkers who have been doing their business for years together beside the road in temporary shops of Janpath at Bapuji Nagar and earning their livelihood. According to the Petitioners, they have been paying licence fees regularly for the purpose to the Bhubaneswar Municipal Corporation (for short 'the Corporation'). In spite of the same, the members of the Society have been evicted from the said place by the Corporation with the assurance to settle them by providing vending zones. Now the Corporation has backed out of its assurance. Hence, this petition.

(3.) LEARNED Counsel for O.P. No. 3 submitted that the Petitioners have no locus standi to file the Writ Petition. On the other hand, the Corporation is always following the rehabilitation norms according to availability of space and situation. As per Annexure -1, there are 66 members of the Petitioners' Society. Out of them, 54 have already been rehabilitated. Petitioners' claim for rehabilitation of 110 members is quite imaginary and Petitioners' Society by adding fake names has sought for relief on the incorrect facts. The allegation that Opposite Parties are acting partially and showing favouritism to other similarly situated associations thereby settling them in the place of the Petitioners' Society is not correct. Janpath is one of the busiest roads connecting Master Canteen leading to Airport, and the Government have already floated tenders for construction of flyover bridge and widening the road by six lanes taking into account the traffic congestion and public inconvenience.Therefore, no vending zone is possible in Bapujinagar or beside Janpath. Vendors like petitioners' Society cannot claim such relief and on the other hand, the Corporation is also taking all possible steps within its means and providing temporary vending zones at different places. Larger public interest cannot be ignored for the sake of rehabilitation of a few individuals claiming right over the government road.