Abdul Samad vs State Of Uttarakhand Through Secretary Urban Development & Others

Sudhanshu Dhulia, J

Petitioner is a street vendor who claims that he has a right to sell goods under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

According to the petitioner, in a public interest litigation being WPPIL No.151 of 2015, a Division Bench of this Court had permitted the street vendors to display and sell their merchandise/wares at a designated place in Nainital. The relevant portion of the said order dated 04.09.2018 reads as under:-

"8. Accordingly, in the larger public interest and to safeguard the socio-economic rights of the poorest of poor, we permit the street vendors to display their merchandise/wares between 5-8 P.M. in Summers (15th March to 15th September) and 4 - 6 P.M. in Winters (16th September to 14th March), only on one side of the pathway between the V.I.P. car parking to Gurudwara Sahib restricting the area to 4 feet X 6 feet."

Subsequent to the said order passed by the Division Bench of this Court, certain rights have been given to some of the vendors but the petitioner has been deprived of it, though he too is a street vendor.

The contention of the learned counsel for the petitioner is that there is still some space left in the "Pant Park" and in some other places in Nainital, where the petitioner can be provided a similar space.

These facts, however, cannot be looked into in a writ petition at this stage as it is for the State Authorities and Nagar Palika Parishad, Nainital to examine these facts based on various considerations, including the need to settle the street vendors.

It has been brought to the notice of this Court that some of the vendors have already been given such rights in the present available space in Nainital.

The petitioner would therefore be at liberty to make a representation before the respondent authorities in this regard, which shall be considered in accordance with law.

Writ petition stands disposed accordingly.