Himachal Pradesh High Court Directs State To Comply With Street Vendors Act, Constitute 'Town Vending Committee'

The Himachal Pradesh High Court recently directed the State government to promptly constitute a 'Town Vending Committee' in Shimla in accordance with Section 22 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the corresponding rules.

A bench comprising Chief Justice M.S Ramachandra Rao and Justice Ajay Mohan Goel passed the direction after noting lack of action taken by the Municipal Commissioner and the Municipal Committee in fulfilling their obligations under the statute.

"… Inspite of an undertaking given on the last occasion that they would strictly comply with the provisions of the statute, have done nothing in the last six weeks and have not prepared a plan for street vending under Section 21 (1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 in consultation with the planning authority", the bench said.

The report further revealed that the Municipal Committee had resorted to eviction measures against street vendors operating in the Lower Bazaar area by declaring it a 'No Vending Zone' since January 21, 2023. However, the Court said it is at loss to understand how a notification declaring an area as a 'No Vending Zone' under Section 18(1) could be issued in the absence of a Town Vending Committee.

In light of these findings, the Court directed the counsel for Vyapar Mandal, Shimla to share the details of licenses held by the members of the association with the counsel for Municipal corporation within two weeks, to facilitate the verification process.

Moreover, the Municipal Corporation was directed to take immediate steps to constitute a 'Town Vending Committee' as per Section 22 of the Act and the corresponding Rules. Simultaneously, the State Government, acting under Section 20 of the Act, was tasked with promptly establishing a 'Dispute Redressal Mechanism' to address any conflicts arising from street vending activities.

The court has scheduled the next hearing for August 8.

Case Title: Court on its own motion vs. State of H.P & Ors.

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