Lucknow High Court Intervenes to Protect Street Vendors from Eviction
In a significant ruling aimed at safeguarding the livelihoods of street vendors, the Lucknow bench of the Allahabad High Court issued a directive on Wednesday, instructing the Lucknow Municipal Corporation (LMC) to cease the removal of any existing street vendor shops. This order will remain in effect until the town vending committee (TVC) completes a comprehensive city-wide survey and issues street vending certificates, provided these shops do not impede the smooth flow of traffic.
Court's Directives and Legal Framework
The division bench, comprising Justice Rajan Roy and Justice AK Kumar Chaudhary, emphasized the statutory protections afforded to street vendors under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The bench explicitly stated that until the survey is lawfully completed, the vending scheme receives approval from the state government, and certificates are issued to all eligible vendors, these individuals will continue to enjoy protection under section 3(3) of the Act.
Furthermore, the court mandated the LMC to prepare a proper vending plan and scheduled the next hearing in the matter after three months, ensuring ongoing oversight of the process.
Background of the Petition and Vendor Grievances
This order was passed in response to a petition filed by Amar Kumar Sonkar and other street vendors from the Aminabad area. The petitioners highlighted that despite the initiation of a survey, certificates had not been issued, and eviction drives were still being conducted, which they argued contravened the spirit of the 2014 Act. Official estimates suggest that Lucknow is home to approximately one lakh street vendors, underscoring the scale of this issue.
Municipal Corporation's Admission and Legal Implications
During the hearing, the LMC admitted that while a vending plan had been drafted, it had not yet secured approval from the state government. The court noted that without such approval, the plan lacks legal validity. It also pointed out that the mandatory processes of survey, planning, and certification have been pending for nearly 11 years, indicating a prolonged delay in implementing the Act's provisions.
Official Response and Future Steps
An LMC official expressed respect for the court's order, stating, "We respect the court's order and will ensure that no eligible vendor is removed. The process of finalising the vending plan and issuing certificates will be expedited in coordination with the state govt." This commitment signals a potential shift towards more efficient and lawful handling of street vending regulations in Lucknow.
The court's intervention not only provides immediate relief to vendors but also reinforces the importance of adhering to legal frameworks designed to protect vulnerable livelihoods, setting a precedent for similar cases across the region.
