MEGHALAYA & GREATER SHILLONG PROGRESSIVE HAWKERS & STREET VENDORS ASSOCIATION (M&GSPH&SVA) Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-2-13
HIGH COURT OF MEGHALAYA
Decided on February 06,2020

Meghalaya And Greater Shillong Progressive Hawkers And Street Vendors Association (MAndGsphAndSva) Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

Mohammad Rafiq,CJ. - (1.) An affidavit of the Secretary, Urban Affairs Department, Government of Meghalaya, Shillong has been filed on behalf of the State.
(2.) It has been stated in the affidavit that the Chief Secretary to the Government of Meghalaya convened a meeting of concerned officers on 18.10.2019 in which the Superintendent of Police gave a presentation of drone images and videos of the streets and public places showing overwhelming presence of street vendors in different markets which includes, Motphran area, G.S. Road leading towards Motphran (Bimola), Police Bazar (Khyndai Lad), Polo area and Laitumkhrah area. All the officers who attended the meeting noted with concern the encroachment made by street vendors into public spaces like footpath, roads and national highway restricting free movements of pedestrian and vehicular flow of vehicles.
(3.) A Committee was constituted under the supervision of the District Administration with departments like the Shillong Municipal Board, Town Vending Committee both rural and urban, Superintendent of Police (City and Traffic), P.W.D. which was required to take necessary action to clear the encroachment by street vendors, who have violated the status quo order passed by this Court. Reference was made to the order of this Court dated 16.12.2016 in which report of the Nodal Officer had identified 1288 hawkers vending in the city. The Committee was required to prepare the action plan to remove encroachment in public roads and spaces by street vendors. It was also decided to lift vehicles parked in no entry area at Police Bazar (Delhi Mistan-Dreamland) to decongest the road and ensure free flow of traffic. Affidavit further states that the Town Vending Committee has in their meeting dated 15.01.2020 identified 12 (twelve) vending zones and had issued notice for information of all concerned on the same day. The P.W.D. along with the Superintendent of Police have been required to explore and re-design or remove standing structures at certain locations of the road at Civil Hospital point and Police Bazar area so as to ease the flow of traffic.;


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