Meghalaya HC disposes of writ petitions on street vending issue

Syllad | The Rising MeghalayaAugust 25, 2022

The Meghalaya High Court on Wednesday disposed of writ petitions pertaining to street-vending, primarily in Shillong and the surrounding areas, after the state government’s decision to make rules for implementing the central statute in the state.  

In its judgment, the two-member bench said, “In the light of the recent developments, particularly the State Act being abandoned and the Central statute being adopted, the two appeals and the three writ petitions have lost their meaning.”

In these petitions, several hawkers or hawkers’ bodies have come up complaining against the State or the local authorities in seeking to organise the business or demarcating prohibited areas or the like.

Despite there being a Central statute pertaining to street vending, hawking and the like, the state introduced its own enactment and formulated rules thereunder.

The matters have remained pending for a considerable period of time since the State was contemplating to adopt the Central statute and jettison its own.

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The bench said the State has now formally done so and has also made rules or is in the process of completing the making of rules for implementing the Central statute in the State.

“Further, taking a cue from observations of the Court and upon noticing several crowded areas being overrun by hawkers and the pavements not being available for pedestrians, certain new regulations have been issued,” it said.

The bench further stated that in the event the writ petitioners or other parties have any grievance against the present system or any other matter, fresh challenges may be launched in accordance with law notwithstanding the present order.

It has decided to drop the contempt proceedings as the original orders passed may have lost force in the wake of the new developments.

“It is hoped that the preparation of rules is completed and uniform implementation thereof undertaken in a time-bound manner so that there is no uncertainty or arbitrariness about the process,” the bench also stated.

Meanwhile, the state government on Wednesday decided to repeal the Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 in order to adopt the Centre’s Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

It has also adopted the Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2022.