Delhi High Court To Examine If The 'Street Vendors Act' Compromises With The Aspects Of Planned Development Of Cities/Towns

The Delhi High Court on Thursday decided to examine if the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 compromises with the aspects regarding planned development of cities and towns, as it observed that the Act is heavily tilted towards the Street Vendors. 

"In our prima facie view, it appears to us that the scheme of the Street Vendors Act and the Rules framed thereunder greatly tilts the balance to encourage street vending," the Court noted.

The Court also opined that it was needed to be seen if the Act causes infringement of Fundamental Rights of the Citizens who live in any city, or town, particularly, under Article 21 of the Constitution of India.

The Bench of Justice Vipin Sanghi and Justice Jasmeet Singh observed thus while hearing a bunch of pleas filed by the street vendors of Delhi seeking various benefits (like regularisation) in connection with the Street Vendors Act.

"This country will go to dogs if this act is implemented in its entirety. What will happen if street vendors start sitting on your doorsteps?", Justice Vipin Sanghi observed orally as it also directed the listing of 2 pleas, one filed in the year 2016 and the second in the year 2018, challenging the vires of the Act.

Further, taking into account the composition of the Street Vending Committee as per the Act, the Court noted that it has a majority of representation from amongst the street vendors, their associations, and NGOs formed for protecting the rights of the street vendors.

"The representation of the various authorities tasked with the task of local administration, including the Municipal Administration, Police Administration, and other Public Works Department, etc. all put together is less than 50%. In a sense, the Street Vending Committees, therefore, appear to be heavily loaded in favour of the street vendors," the Court observed.

The Court further analysed the act to conclude that an existing market, or a natural market as identified under the survey, shall not be declared as a no vending zone.

The Court also observed that as per the act, the overcrowding of any place shall not be a basis for declaring any area as a no-vending zone, and sanitary concerns shall not be the basis for declaring any area as a no-vending zone, unless, such concerns can be solely attributed to street vendors and cannot be resolved through appropriate civic action by the Local Authority.

"Pertinently, the plan for street vending, under Section 21, itself is required to be prepared "to promote the vocation of street vendors"...Clause 1(a) of the First Schedule provides that the plan for street vending shall ensure that all existing street vendors identified in the survey, subject to a norm confirming to, two and half per cent of the population of the ward, zone, town or city, as the case may be, are accommodated in the plan for street vending. For a Mega-City like Delhi – with a population of about 2 Crores, the number of street vendors, according to the plan, would be about 5 Lakhs," the Court further noted.

In this regard, the Court opined that the Act favored the Street Vendors and therefore, the Court remarked that it needed serious consideration whether, while protecting and promoting street vending – by enacting the Street Vendors Act, aspects regarding planned development of cities and towns has been compromised.

Lastly, two writ petitions laying a challenge to the Street Vendors Act, namely W.P. (C.) Nos.2592/2016 and 10853/2018 were directed to be listed along with the instant pleas so that all those interested, and stakeholders from all fields could be heard in the matter.

With this, the pleas were listed for hearing the matters on October 25.

Advocates Harsha Peechara & Diptiman Acharyya represented respondent/ TVC (NDMC)

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