Supreme Court directs Chandigarh to operationalize street vending zones

• The Supreme Court directed Chandigarh to operationalize street vending zones with basic amenities.
• The court emphasized the need for authorities to balance clearing public spaces with rehabilitating street vendors' livelihoods.
• The court quashed the expansion of Essential Service Providers under municipal bye-laws during the COVID-19 pandemic.
• The court directed authorities to ensure that all pending applications and appeals under the Street Vendors Act are decided within a strict timeline.

The Supreme Court emphasized that streets should remain free from unauthorized occupation, but the process must protect vendors' livelihood rights through objective and continuous monitoring.

The Supreme Court has directed Chandigarh to operationalize street vending zones with basic amenities, marking a significant shift in the approach to anti-encroachment drives. The court's order came while hearing a civil appeal filed by Malkit Singh and another, which highlighted the need for authorities to balance clearing public spaces with rehabilitating street vendors' livelihoods.

The court emphasized that streets should remain free from unauthorized occupation, but the process must protect vendors' livelihood rights through objective and continuous monitoring. To achieve this, the court directed the Municipal Corporation, Chandigarh, to ensure that vending zones are made fully operational, equipped with basic public amenities, and monitored through CCTV cameras.

The court also clarified that administrative notifications issued for temporary situations, such as national disasters, lose their validity once the circumstances no longer exist. This ruling has implications for the expansion of Essential Service Providers under municipal bye-laws, which was previously extended during the COVID-19 pandemic to include non-essential food items.

The Supreme Court's order is significant in light of the Street Vendors Act 2014, which aims to regulate and regularize street vending. The court's directions are also relevant to the Chandigarh Municipal Corporation's efforts to manage street vendors and public spaces. The expansion of Essential Service Providers under municipal bye-laws during the pandemic has been quashed by the court, as it was deemed to have outlived its purpose.

The court's emphasis on balancing anti-encroachment drives with vendor rehabilitation is in line with previous orders that stressed the need for minimum disruption to vendors' livelihoods. The court had earlier observed that once vending zones are identified, authorities must provide adequate assistance to vendors for relocation, recognizing the impact of such relocation on both customers and nearby residents.

The court's directions also highlight the importance of providing basic amenities in vending zones, including public toilets, drinking water, and proper waste management. The court has directed authorities to ensure that all pending applications and appeals under the Street Vendors Act are decided within a strict timeline.

The Supreme Court's order has significant implications for street vendors in Chandigarh, who will need to relocate to designated vending zones. The court's emphasis on providing basic amenities and monitoring vending zones through CCTV cameras is aimed at ensuring the safety and security of both vendors and customers.

Lawyers and compliance officers should note that the Supreme Court's directions may impact business operations and require vendors to relocate. The court's order also highlights the need for authorities to strike a balance between clearing public spaces and rehabilitating street vendors' livelihoods, which is essential for maintaining social harmony in urban areas.

The court's ruling on the expansion of Essential Service Providers under municipal bye-laws has implications for the regulation of street vending across India. The order underscores the importance of ensuring that administrative notifications issued for temporary situations do not become permanent fixtures, and that they are reviewed regularly to ensure their validity.

Lawyers and compliance officers should note that the Supreme Court has directed authorities to operationalize street vending zones with basic amenities, which may impact business operations and require vendors to relocate. They should also be aware of the court's directions on safety measures, including installation of CCTV cameras in all vending zones within six months.

Source: Original reporting via The Hindu