Street Vendors' Plea for Protection of Livelihood Dismissed; Court Affirms Municipal Authority's Right to Remove Illegal Structures
The Calcutta High Court, in a recent judgment, has upheld the actions of the Kolkata Municipal Corporation (KMC) against unauthorized encroachments on public streets. The case, titled "Tangra Dhapa Hawkers Samiti & Ors. vs. KMC & Ors.," was presided over by Justice Raja Basu Chowdhury.
The petitioners, members of registered hawkers' unions, approached the court seeking protection of their livelihoods under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. They claimed that their vending activities constituted their sole source of income and were aggrieved by a public eviction notice issued by the KMC on August 3, 2026, which ordered the removal of permanent and temporary structures causing obstruction on public streets.
The legal representatives for the petitioners argued that, in the absence of a proper notification of no-vending zones, their right to carry on trade and business, protected under Article 19(1)(g) of the Constitution of India, should not be interfered with. They highlighted the observations from a recent Town Vending Committee meeting, which noted the lack of clear notification of no-vending zones.
However, the Additional Advocate General for KMC presented a report indicating that complaints had been received from local residents about the obstructions caused by these unauthorized structures. These structures, set up on the KMC footpath, were found to be in violation of Sections 371 and 516 of the Kolkata Municipal Corporation Act, 1980.
Justice Chowdhury, after considering the arguments, determined that the Street Vendors Act does not protect illegal constructions or encroachments on public streets. The Act safeguards the rights of street vendors only within designated vending zones and against eviction in specific cases. The court noted that the municipal authorities were within their rights to remove such obstructions to ensure the smooth movement of local residents.
The court also acknowledged the steps taken by the KMC to provide additional time for vendors to make their vending carts movable, thereby complying with the Act's provisions. As such, the eviction notice would not be implemented against vendors who adhere to these requirements within the given timeframe.
In conclusion, the court declined to interfere with KMC's actions, emphasizing the necessity to balance the rights of street vendors with the rights of the public. The writ petition was disposed of accordingly.
Bottom Line :
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, does not protect unauthorized constructions or encroachments on public streets. The Act only safeguards the rights of street vendors to carry out vending activities in designated vending zones and provides protection against eviction in certain cases.
Statutory provision(s):
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Article 19(1)(g) of the Constitution of India, Kolkata Municipal Corporation Act, 1980 Sections 371 and 516.
Tangra Dhapa Hawkers Samiti v. KMC, (Calcutta) : Law Finder Doc id # 2967794
