Ending a six-year-long litigation on street hawking in the city, the Meghalaya High Court today disposed of the writ petition filed by the Meghalaya and Greater Shillong Progressive Hawkers’ and Street Vendors’ Association (MGSPHSVA) after the State government has decided to implement the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and to make the rules on this law.
In a verdict passed today, the division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh also said that new regulations have been issued prohibiting hawkers and vendors from occupying pavements and footpaths that disturb the movement of pedestrians.
“In the light of the recent developments, particularly the State Act being abandoned and the Central statute being adopted, the two appeals and the three writ petitions have lost their meaning. Accordingly, WA No.87 of 2016 along with MC (WA) No.96 of 2016 and WA No.89 of 2016 arising out of WP (C) No.229 of 2015 are disposed of along with the writ petition without any further or other order. Similarly, WP (C) No.410 of 2016, WP (C) No.497 of 2019 and WP (C) No.509 of 2019 are also disposed of without going into the merits of the matters or addressing any of the issues raised,” the High Court said.
The High Court also expressed hope that the preparation of rules is completed and implemented in a time-bound manner so that there is no uncertainty or arbitrariness about the process.
“Further, taking a cue from observations of the court and upon noticing several crowded areas being overrun by hawkers and the pavements not being available for pedestrians, certain new regulations have been issued,” the High Court said.
It may be mentioned that following the earlier observations expressed by the High Court regarding the difficulties faced by pedestrians due to unregulated street vending and hawking, the people yesterday the East Khasi Hills Deputy Commissioner has issued an order directing removal of all hawkers and street vendors from congested areas of the city.
According to Deputy Commissioner, the areas occupied by hawkers and street vendors where pedestrian movement and vehicular traffic is affected are Motphran area, GS Road to District Council, Umsohsun to Motphran, Motphran to Mawlonghat (Anjalee), Motphran point, Motphran to Mission Compound and YMCA to Motphran point.
The other areas include Police Bazaar Area, Thana road, Jail Road, Police Bazaar Main Road (Khyndailad to Dreamland), Khyndailad Point, Polo bridge to SRGT and Polo bridge to Lawmali, Civil Hospital Area, NH 44, IGP Point Area, Barik Point Area, Laitumkhrah Main Road (Fire Brigade to Beat House) and Laitumkhrah Main Road (Beat House to Police Point), Laban Last Stop area, Rynjah area, Nongmensong point to Wahkdait and Madanrting Taxi Stand.
The order was issued following the order of the High Court on August 16, 2022 which stated that “The court takes a dim view of hawkers taking over footpaths and pedestrian walkways virtually all over Shillong and Tura, the two main cities in the State and even elsewhere.”
Further the High Court in its order passed on December 16, 2021 in PIL No.17 of 2021 also mentioned that “no effective traffic management may be possible unless hawkers are regulated and are removed from the carriageways.”
The Deputy Commissioner informed that committees headed by magistrates and constituting police, officials of Shillong Municipal Board, PWD (Roads), etc and involving other stakeholders will inspect the different areas and ensure execution of this order.
The committees will regulate the seating of the hawkers and relocate any who are causing obstruction to pedestrian or vehicular movement, or selling goods in contravention to established norms of hygiene and safety.
“The committees will act with appropriate firmness and ensure that while the right to livelihood is respected, it should not in any way infringe on the rights of the citizenry at large,” the order said.
The committees have been asked to ensure the exercise is completed within ten days of this order. The Superintendent of Police has been asked to provide personnel as required to assist the magistrates.
“Any willful non-compliance will be met with stern action as per relevant provisions of law,” the order said.
