Court No. - 37
Case :- WRIT - C No. - 42058 of 2019 Petitioner :- Sunil Dutt And 8 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Neeraj Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners, Sri Kaushalendra Nath Singh, learned counsel for the Noida Development Authority and learned Standing Counsel for the State.
The petitioners claim that they are vendors and for their livelihood doing business in Sector-141, 64, 80, 142 and 137 Noida. The grievance is that they are not being allowed vending in the said sector by the order of local authorities. The petitioners are seeking protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The petitioners are claiming protection under Section 27 of the said Act which is with regard to the prevention of harassment by police and other authorities of vendors who have valid license. The petitioners claim that they have a temporary hawkers' license and unless they are provided an appropriate place, they cannot be harassed or stopped from doing their business.
Learned counsel for the respondents however submits that applications have been invited from all the hawkers and vendors to apply for vending area and in case petitioners apply, their claim would be considered.
The writ petition is disposed of with the observation that if the petitioners apply for vending area under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 their claim would be considered by the respondent no. 2 in accordance with law.
It is made clear that vendors, like petitioners, will neither raise any construction nor obstruct traffic on the road.
Order Date :- 19.12.2019 Manish Tripathi (Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)