Hon'ble Vivek Kumar Birla,J.
Heard Sri Pashupati Nath Pandey, learned counsel for the petitioner, Sri S.M. Shukla for the Nagar Palika Parishad and Sri Suresh Singh, learned Standing Counsel for the State.
The petitioner contends that in view of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 which has been published and notified with effect from 1st May, 2014. The petitioner who falls within the definition of vendors under the said Act cannot be displaced unless the exercise envisaged therein is complied by the respondent Municipality Authority as the petitioner's right to carry on trade and business stands protected under the provisions of the said Act.
Learned counsel submits that this Act which has been framed provides for the protection to such vendors who have carried on trade and business either temporarily or under any permanent nature of settlement. The contention of the petitioner is that he and his predecessors in interest have been carrying on the vending of vegetables under license of the Municipality of Mirzapur. He is now sought to be displaced which can not be done without rehabilitating process being deployed in terms of the aforesaid 2014 Act.
Learned counsel therefore submits that the petitioner was evicted under the garb of encroachment.
In view of the submissions which have been raised and that the petitioner has been evicted very recently as alleged on 06.08.2014, it would be appropriate that the respondent Nagar Palika Parisahd and the State both file their response to this writ petition in the light of the aforesaid submissions and the provisions of the 2014 Act by the next date fixed.
List on 28th August, 2014.
Order Date :- 14.8.2014 Ajay