Petition to Protect Street Vendors' Livelihood Dismissed; State Ordered to Implement 2014 Act Provisions
In a significant ruling, the Rajasthan High Court's Jaipur Bench, presided over by Justice Anand Sharma, has directed the State of Rajasthan to constitute town vending committees as per the Rajasthan Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The ruling came in response to a writ petition filed by Aman Khan, a street vendor, challenging the removal of his kiosk from a non-vending zone.
The petitioner, Aman Khan, sought the court's intervention to prevent the removal of his temporary establishment for vehicle repairs at Vaniki Path (Vidhik Seva Marg) in Jaipur. Khan argued that his application for a vending license under the 2011 Act was still pending and that the threatened removal of his kiosk violated Article 14 and Article 19(1)(g) of the Constitution, which guarantee the right to livelihood.
The court acknowledged the petitioner's concerns but emphasized that the right to livelihood must be balanced with reasonable restrictions. Justice Sharma noted that the areas not declared as vending zones through duly published notifications are to be treated as non-vending zones, where no encroachments are permissible.
The court highlighted that the State had not designated Vaniki Path as a vending zone, and therefore, no street vendors could legally operate there. This decision aligns with a previous order from April 2026, mandating the removal of all establishments from Vaniki Path, a road used for VIP movement.
While dismissing the petition, the court instructed the State to expedite the formation of town vending committees in compliance with the 2014 Act and related rules. These committees are essential for revising and notifying vending and non-vending zones, a process which must be completed within three months.
The court also directed that any pending applications for vending licenses, including that of the petitioner, must be considered and decided strictly in accordance with the law.
The judgment underscores the court's commitment to upholding statutory provisions while ensuring that street vendors' rights are balanced with urban planning and traffic management needs.
Bottom Line :
Implementation of the Rajasthan Street Vendors (Protection of Livelihood and Regulation of Street Vending) Acts of 2011 and 2014 - Encroachments in non-vending zones - Directions issued for the constitution of town vending committees as per the Act of 2014.
Statutory provision(s): Rajasthan Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2011 and 2014, Article 19(1)(g) of the Constitution of India
Aman Khan v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2962597
