Kolkata, Jul 9 The Calcutta High Court refused to grant any interim relief to hawkers of the century-old Manglahat in Howrah city from police action aimed at maintaining road and pavement space.
Alleging overaction by the police, the Howrah Hawkers' Samity prayed for an order restraining the police from evicting them and interfering with their businesses.
Refusing any interim order restraining the police, as prayed for by the association, Justice Saugata Bhattacharyya on Wednesday said that the hawkers' association could not prima facie satisfy the court regarding their right to earn livelihoods by hawking wares while blocking roads and pavements.
The court observed that the issue needs consideration upon the exchange of affidavits, and directed the respondent authorities to file their affidavits in opposition to the petitioner's contention within the next two weeks.
The petitioner would have the liberty to file their affidavit in reply to those within the subsequent week, Justice Bhattacharyya directed.
Petitioner's lawyer Bikash Ranjan Bhattacharya stated that while certain restrictions can be imposed on the marketplace, the hawkers cannot be evicted entirely in view of the Hawkers' Vending Act.
He stated that the century-old market in the central district of Howrah city takes place twice a week on the streets.
Maintaining that earning a livelihood by hawking is a fundamental right, he stated that the Howrah Municipal Corporation (HMC) authorities had not given any notice for the eviction of the hawkers.
Representing the state, lawyer Suryaneel Das stated that the police have a duty to keep the roads clear.
He stated that the market blocks thoroughfares and creates traffic jams.
