Supreme Court Strikes Down 2020 Notification on Street Vendors
The Supreme Court on Wednesday quashed a 2020 notification issued by the Chandigarh administration that had expanded the definition of 'essential service providers' to include vendors selling items such as chhole-bhature, fruits, vegetables and flowers outside religious places. A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh noted that the notification was issued under the extraordinary circumstances of the COVID-19 pandemic and has outlived its object, purpose and utility.
Court Cites Pandemic Context for Original Order
Deliberations with all concerned, including the functionaries and officers present in the Court, led to a formation of consensus with the learned amicus curiae on this specific issue. The bench said, "Accordingly, we quash the said notification dated July 17, 2020, extracted supra. Undoubtedly, the earlier notification would govern the field." The court directed that the shifting of licence vendors to recently identified vending zones be carried out at the earliest.
Directions for Vending Zones and Public Amenities
The top court ordered that vending zones should be made fully operational with everyday monitoring by city officials to ensure smooth functioning along with adequate road signage in all languages of daily use. Public amenities in each of these vending zones, if not already there, are to be established forthwith, and once operational, requisite attention must be paid to their upkeep. Advertisements should be placed both in print and electronic media at regular intervals informing the public of the vending zones and the timing associated therewith.
Smart Cards and CCTV Installation Ordered
The apex court said the process of issuance of smart cards is a welcome step that ought to be carried out swiftly for all vendors. In order to ensure safety and security of the vendors as also the buyers visiting the vending zones, the installation of CCTV cameras must be completed within six months with adequate provision of storing the videos for a specified period of time as may be deemed fit. The authorities are to consider having a helpline for the vendors and buyers with the authority in order to boost the confidence of the vendors, the security of the vending zone and also the trust of the buyers in proper regulation of the area.
Background of the Case
The order came on a plea seeking the eviction of street vendors from Chandigarh's Manimajra locality. The court's decision effectively restores the pre-2020 regulatory framework for street vendors in the city.
