Supreme Court of India
MAHARASHTRA EKTA HAWKERS UNION AND ANOTHERversusMUNICIPAL CORPORATION, GREATER MUMBAI AND OTHERS
- Citation
- 2013 INSC 600
- Decided
- 9 September 2013
- Disposal
- Disposed off
- Bench
- G S SINGHVI
Holding
Until appropriate legislation is enacted, the salient provisions of the National Policy on Urban Street Vendors, 2009, shall be implemented throughout India and the embargo on High Courts is lifted, permitting parties to seek relief under Article 226.
Summary
The case concerned the regulation of street vendors (hawkers) in Mumbai and across India, where the petitioners sought relief from harassment and demanded implementation of the National Policy on Urban Street Vendors, 2009. The Supreme Court examined whether the earlier embargo on High Courts hearing hawker matters should be lifted and whether the 2009 Policy should be applied nationwide pending legislation. It held that the salient provisions of the 2009 Policy must be implemented throughout the country until Parliament enacts a specific law, and that the embargo on High Courts is removed, allowing parties to approach them under Article 226. The Court also directed the constitution of Town Vending Committees, registration of vendors, and compliance with the policy’s provisions. Consequently, the Court issued detailed directions for implementation and disposed of the appeals and interlocutory applications accordingly.
Issues considered
- The embargo on High Courts hearing hawker matters should be lifted.
- Whether the National Policy on Urban Street Vendors, 2009, should be implemented nationwide pending legislation.
- Whether parties may approach High Courts under Article 226 for relief.
- The extent to which earlier Supreme Court directions remain binding.
- The necessity to constitute Town Vending Committees and register street vendors.
Legislation cited
Subjects
street vendorshawkersNational Policy on Urban Street Vendors 2009Article 19(1)(g)Article 19(6)Article 21municipal regulationhigh court jurisdictiontown vending committee
Judgment
[2013] 9 S.C.R. 742
A MAHARASHTRA EKTA HAWKERS UNION AND
ANOTHER
v.
MUNICIPAL CORPORATION, GREATER MUMBAI AND
OTHERS
B (Civil Appeal Nos. 4156-4157 of 2002 etc.)
AND
l.A.Nos.266-285, 288-289, 294-299, 304-309, 312-321 &
324-335
SEPTEMBER 9, 2013.
c
[G.S. SINGHVI AND V. GOPALA GOWDA JJ.]
HAWKER MATTERS:
'Hawker' - Connotation of - Explained.
D Street vendors - Held: -- Till an appropriate legislation is
enacted by Parliament or any other competent legislature,
and is brought into force, the salient provisions of National
Policy on Urban Street Vendors, 2009, as enumerated in the
Order, should be implemented throughout the country - Further
E directions issued for facilitating implementation of the 2009
Policy - As regards the order of Supreme Court staying the
hearing of writ petitions pending before High Courts and
directing to obtain any clarification/modification from the
Court, the parties, whose applications have remained pending
F before Supreme Court, shall be free to institute appropriate
proceedings including petition under Art. 226 of the
Constitution, in the jurisdictional High Court.
Bombay Hawkers' Union vs. Bombay Municipal
Corporation 1985 (1) Suppl. SCR 849 = (1985) 3 SCC 528,
G Sodan Singh vs. New Delhi Municipal Committee 1989 (3)
SCR 1038 = (1989) 4 SCC 155, Maharashtra Ekta Hawkers
Union vs. Municipal Corporation, Greater Mumbai 2003 (6)
Suppl. SCR 581 =
(2004) 1 SCC 625, Maharashtra Ekta
Hawkers Union vs. Municipal Corporation, Greater Mumbai
2007 (2) SCR 448 = (2009) 17 SCC 151, Maharashtra Ekta
H 742
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 743
CORPORATION, GREATER MUMBAI
Hawkers Union vs. Municipal Corporation, Greater Mumbai A
(2009) 17 SCC 231; Saghir Ahmad vs. State of U.P. 1955
SCR 707 = AIR 1954 SC 728 - referred to.
Case Law Reference:
1985 (1) Suppl. SCR 849 referred to Para 5
B
1989 (3) SCR 1038 referred to Para 5
2003 (6) Suppl. SCR 581 referred to Para 5
2007 (2) SCR 448 referred to Para 5
(2009) 11 sec 231 referred to Para 5
1955 SCR 707 referred to Para 6 c
CIVIL APPEAL JURISDICTION: Civil Appeal Nos. 4156-
4157 of ·2002.
From the Judgment and Order dated 05.07.2000 and
02.08.2000 of the High Court of Judicature at Bombay, in Writ D
Petition No. 621 of 1999.
WITH
C. A. Nos. 4161-4162 of 2002.
C. A. Nos. 4175-4176 of 2002. E
I.A. No. 266-285, 288-289, 294-299, 304-309, 3112-321
& 324-335.
h
C. A. Nos. 4156-4157 of 2002. F
l.A.Nos.7-8 in Civil Appeal Nos. 4161-4162 of 2002.
I.A. Nos. 16-17 in Civil Appeal Nos. 4175-4176 of 2002.
G.E. Vahanvati, AG, Brijender Chahar, Shyam Divan, G
Pallav Shishodia, Anand Grover, Sushil Kumar Jain, Puneet
Jain, Ram Singh, Anjani Aiyagari, T.A. Khan, Harish Kaushik,
Madhvi Divan, D. Bharat Kumar, J.J. Xavier, Bhargava V.
Desai, Shreyas Mehrotra, Mihir Samson, Suraj Sanad,
Prashant Bhushan, Ramesh K. Mishra, Sunita Sharma, Satya H
744 SUPREME COURT REPORTS [2013) 9 S.C.R.
A Siddiqui, Shivaji M. Jadhav, Prity Kunwar, Ajay Marwah for the
appearing parties.
The Order of the Court was delivered by
G.S. SINGHVI, J. 1. A street vendor I hawker is a person
B who offers goods for sale to the public at large without having
a permanent structure I place for his activities. Some street
vendors I hawkers are stationary in the sense that they occupy
space on the pavements or other public I private places while
others are mobile in the sense that they move from place to
C place carrying their wares on push carts or in baskets on their
heads.
2. In last four decades, there has been manifold in.crease
in the number of street vendors I hawkers in all major cities in
the country. One of the many factors responsible for this
D phenomena is unabated growth of population without
corresponding increase in employment opportunities. The other
factor is the migration of rural population to the urban areas. A
large section of the rural population has been forced to leave
their habitat because of massive acquisition of land and
E substantial reduction in the number of cottage industries, which
offered source of livelihood to many people in the rural areas
and even those living i.n the peripheries of the urban areas. In
recent past, many lakh youngsters have moved from the rural
areas to the cities with the hope of getting permanent source
F of livelihood but a substantial number of them have become
street vendors I hawkers because their expectations have been
belied. One reason which has contributed to this scenario is
that unlike other sections of the urban population, they neither
have the capacity and strength to demand that the Government
G should create jobs for them nor do they engage in begging,
stealing or extortion. They try to live with dignity and self-respect
by doing the work as street vendors I hawkers.
3. The importance of street vendors and hawkers can be
measured from the fact that millions of urban poor across the
H country procure their basic necessities mainly from street
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 745
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
vendors I hawkers because the goods, viz., cloths, hosiery A
items, plastic wares, household items, food items, etc., sold on
pavements or through push carts, etc., are cheap. The lower
income groups also spend a large proportion of their income
in purchasing goods from street vendors I hawkers.
8
4. Unfortunately, the street vendors I hawkers have
received raw treatment from the State apparatus before and
even after the independence. They are a harassed lot and are
constantly victimized by the officials of the local authorities, the
police, etc., who regularly target them for extra income and treat
them with extreme contempt. The goods and belongings of the C
street vendors I hawkers are thrown to the ground and destroyed
at regular intervals if they are not able to meet the demands of
the officials. Perhaps these minions in the administration have
not understood meaning of the term "dignity" enshrined in the
preamble of the Constitution. D
5. The constant threat faced by the street vendors I
hawkers of losing their source of livelihood has forced them to
seek intervention of the Courts across the country from time to
time. In last 28 years, this Court has struggled to find a workable E
solution of the problems of street vendors I hawkers on the one
hand and other sections of society including residents of the
localities I places where street vendors I hawkers operate and
delivered several judgments including Bombay Hawkers'
Union vs. Bombay Municipal Corporation (1985) 3 SCC 528,
F
Sodan Singh vs. New Delhi Municipal Committee (1989) 4
SCC 155, Maharashtra Ekta Hawkers Union vs. Municipal
Corporation, Greater Mumbai (2004) 1 SCC 625,
Maharashtra Ekta Hawkers Union vs. Municipal Corporation,
Greater Mumbai (2009) 17 SCC 151, Maharashtra Ekta
Hawkers Union vs. Municipal Corporation, Greater Mumbai G
(2009) 17 sec 231 (this order was passed on 30.07.2004 but
was printed in the journal only in 2009) and Gainda Ram vs.
Municipal Corporation of Delhi (2010) 10 SCC 715, but the
situation has not changed in last four decades. Rather, the
problem has aggravated because of lackadaisical ~ttitude of H
746 SUPREME COURT REPORTS [2013] 9 S.C.R.
A the administration at various levels and the legislative
instruments made many decades ago have become totally
ineffective.
6. In Sodan Singh vs. New Delhi Municipal Committee
(supra), L.M.Sharma, J., who authored the main judgment,
8
referred to a number of precedents including Saghir Ahmad
vs. State of U.P. AIR 1954 SC 728 and observed.
"17. So far as right of a hawker to transact business while
going from place to place is concerned, it has been
c admittedly recognised for a long period. Of course, that
also is subject to proper regulation in the interest of general
convenience of the public including health and security
considerations. What about the right to squat on the
roadside for engaging in trading business? As was stated
D by this Court in Bombay Hawkers' Union v. Bombay
Municipal Corporation (1985) 3 SCC 528 the public
streets by their nomenclature and definition are meant for
the use of the general public: they are not laid to facilitate
the carrying on of private business. If hawkers were to be
conceded the right claimed by them. they could hold the
E
society to ransom by squatting on the busy thoroughfares.
thereby paralysing all civic life. This is one side of the
picture. On the other hand. if properly regulated according
to the exigency of the circumstances. the small traders on
the sidewalks can considerably add to the comfort and
F convenience of general public. by making available
ordinary articles of everyday use for a comparatively lesser
price. An ordinary person. not very affluent. while hurrying
towards his home after day's work can pick up these
articles without going out of his way to find a regular
G market. If the circumstances are appropriate and a small
trader can do some business for personal gain on the
pavement to the advantage of the general public and
without any discomfort or annoyance to the others. we do
not see any objection to his carrying on the business.
H Appreciating this analogy the municipalities of different
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 747
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
cities and towns in the country have been allowing such A
traders. The right to carry on trade or business mentioned
in Article 19(1)(g) of the Constitution. on street pavements.
if properly regulated cannot be denied on the ground that
the streets are meant exclusively for passing or re-passing
and for no other use. Proper regulation is. however. a B
necessary condition as otherwise the very object of laying
out roads - to facilitate traffic - may be defeated. Allowing
the right to trade without appropriate control is likely to lead
to unhealthy competition and quarrel between traders and
travelling public and sometimes amongst the traders c
themselves resulting in chaos. The right is subject to
reasonable restrictions under clause (6) or Article 19. If the
matter is examined in its light it will appear that the principle
stated in Saghir Ahmad case (1955) 1 SCR 707:AIR 1954
SC 728 in connection with transport business applies to 0
the hawkers' case also. The proposition that all public
streets and roads in India vest in the State but that the
State holds them as trustee on behalf of the public, and
the members of the public are entitled as beneficiaries to
use them as a matter of right, and that this right is limited
E
only by the similar rights possessed by every other citizen
to use the pathways, and further that the State as trustee
is entitled to impose all necessary limitations on the
character and extent of the user, should be treated as of
universal application."
F
(Emphasis supplied)
In his concurring opinion, Kuldip Singh, J. made the
following observations:
"33. In India there are large number of people who are G
engaged in the business of "street trading". There is hardly
a household where hawkers do not reach. The housewives
wait for a vegetable vendor or a fruit seller who
conveniently delivers the daily needs at the doorstep. The
petitioners before us are street traders of Delhi and New H
748 SUPREME COURT REPORTS [2013] 9 S.C.R.
A Delhi areas. Some of them have licenices/Tehbazari from
Municipal Corporation of Delhi/New Delhi Municipal
Committee but most of them are squatters. There is
practically no law regulating street trading in Delhi/New
Delhi. The skeletal provisions in the~ Delhi Municipal
B Corporation Act, 1957 and the Punjab Municipal Act, 1911
can hardly provide any regulatory measures to the
enormous and complicated problem of street trading in
these areas.
35. Street trading being a fundamental rright has to be made
c available to the citizens subject to Article 19(6) of the
Constitution. It is within the domain of the State to make
any law imposing reasonable, restrictions in the interest
of general public. This can be done by an enactment on
the same lines as in England or by any other law
D permissible under Article 19(6) of the Constitution. In spite
of repeated suggestions by this Court nothing has been
done in this respect. Since a citizen has no right to choose
a particular place in any street for trading, it is for the State
to designate the streets and earmark the places from
E where street trading can be done. Inaction on the part of
the State would result in negating the fundamental right of
the citizens. It is expected that the State will do the needful
in this respect within a reasonable time failing which it
would be left to the courts to protect the rights of the
F citizens."
7. In Maharashtra Ekta Hawkers Union vs. Municipal
Corporation, Greater Mumbai (supra), which was decided on
9.12.2003, a two Judge Bench referred to the judgments in
G Olga Tellis vs. Bombay Municipal Corporation (1985) 3 SCC
545, Sodan Singh vs. New Delhi Municipal Committee
(supra), the recommendations made by the Committee
constituted pursuant to an earlier judgment and observed:
"10. The above authorities make it clear that the hawkers
H have a right under Article 19(1)(g) of the Constitution of
MAHARASHTRAEKTAHAWKERS UNION v. MUNICIPAL 749
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
India. This right, however, is subject to reasonable A
restrictions under Article 19(6). Thus hawking may not be
permitted where, e.g. due to narrowness of road, free flow
of traffic or movement of pedestrians is hindered or where
for security reasons an area is required to be kept free or
near hospitals, places of worship etc. There is no B
fundamental right under Article 21 to carry on any hawking
business. There is also no right to do hawking at any
particular place. The authorities also recognize the fact that
if properly regulated, the small traders can considerably
add to the convenience and comfort of the general public, c
by making available ordinary articles of everyday use for
a comparatively lesser price. The scheme must keep in
mind the above principles. So far as Mumbai is concerned,
the scheme must comply with the conditions laid down in
Bombay Hawkers' Union case (1985) 3 SCC 528. Those D
conditions have become final and there is no changed
circumstance which necessitates any alteration."
The Court then enumerated the following restrictions and
conditions subject to which the hawkers could do business in
Mumbai: E
"(1) An area of 1 m x 1 m on one side of the footpath
wherever they exist or on an extreme side of the
carriageway, in such a manner that the vehicular and
pedestrian traffic is not obstructed and access to shops F
and residences is not blocked. We further clarify that even
where hawking is permitted, it can only be on one side of·
the footpath or road and under no circumstances on both
sides of the footpaths or roads. We, however, clarify that
aarey/sarita stalls and sugarcane vendors would require G
and may be permitted an area of more than 1 m x 1 m
but not more than 2 m x 1 m.
(2) Hawkers must not put up stalls or place any tables,
stand or such other thing or erect any type of structure. They
should also not use handcarts. However, they may protect H
750 SUPREME COURT REPORTS [2013] 9 S.C.R.
A their goods from the sun, rain or wind. Obviously, this
condition would not apply to aarey/sarita stalls.
(3) There should be no hawking within 100 metres from
any place of worship, holy shrine, educational institutions
and hospitals or within 150 metres from any municipal or
B
other markets or from any railway station. There should be
no hawking on footbridges and overbridges. Further,
certain areas may be required to be kept free of hawkers
for security reasons. However, outside places of worship
hawkers can be permitted to sell items required by the
c devotees for offering to the deity or for placing in the place
of worship e.g. flowers, sandalwood, candles, agarbattis,
coconuts etc.
(4) The hawkers must not create any noise or play any
D instrument or music for attracting the public or the
customers.
(5) They can only sell cooked foods, cut fruits, juices and
the like. We are unable to accept the submission that
cooking should be permitted. We direct that no cooking
E
of any nature whatsoever shall be permitted. Even where
cooked food or cut fruits or the like are sold, the food must
not be adulterated or unhygienic. All Municipal Licensing
Regulations and the provisions of the Prevention of Food
Adulteration Act must be complied with.
F
(6) Hawking must be only between 7.00 a.m. and 10.00
p.m.
(7) Hawking will be on the basis of payment of a prescribed
G fee to be fixed by BMC. However, the payment of
prescribed fee shall not be deemed to authorize the
hawker to do his business beyond the prescribed hours
and would not confer on the hawker the right to do business
at any particular place.
H
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 751
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
(8) The hawkers must extend full cooperation to the A
municipal conservancy staff for cleaning the streets and
footpaths and also to the other municipal staff for carrying
on any municipal work. They must also cooperate with the
other government and public agencies such as BEST
Undertaking, Bombay Telephones, BSES Ltd. etc. if they B
require to lay any cable or any development work.
(9) No hawking would be permitted on any street which is
less than 8 metres in width. Further, the hawkers also have
to comply with the Development Control Rules, thus, there C
can be no hawking in areas which are exclusively
residential and where trading and commercial activity is
prohibited. Thus hawking cannot be permitted on roads
and pavements which do not have a shopping line.
(10) BMC shall grant licences which will have photos of the D
hawkers on them. The licence must be displayed, at all
times, by the hawkers on their person by clipping it on to
their shirt or coat.
(11) Not more than one member of a family must be given
E
a licence to hawk. For this purpose BMC will have to
computerize its records.
(12) Vending of costly items e.g. electrical appliances,
video and audio tapes and cassettes, cameras, phones
etc. is to be prohibited. In the event of any hawker found F
to be selling such items his licence must be cancelled
forthwith.
(13) In areas other than the non-hawking zones, licences
must be granted to the hawkers to do their business on G
payment of the prescribed fee. The licences must be for
a period of 1 year. That will be without prejudice to the right
of the Committee to extend the limits of the non-hawking
zones in the interests of public health, sanitation, safety,
public convenience and the like. Hawking licences should
H
752 SUPREME COURT REPORTS [2013) 9 S.C.R.
A not be refused in the hawking zones except for good
reasons. The discretion not to grant a hawking licence in
the hawking zone should be exercised reasonably and in
public interest.
(14) In future, before making any alteration in the scheme,
B
the Commissioner should place the matter before the
Committee who shall take a decision after considering
views of all concerned including the hawkers, the
Commissioner of Police and members of the public or an
association representing the public.
c
(15) It is expected that citizens and shopkeepers shall
participate in keeping non-hawking zones/areas free from
hawkers. They shall do so by bringing to the notice of the
ward officer concerned the presence of a hawker in a non-
D hawking zone/area. The ward officer concerned shall take
immediate ~teps to remove such a hawker. In case the
ward officer takes no action, a written complaint may be
filed by the citizen/shopkeeper to the Committee. The
Committee shall look into the complaint and if found
E correct, the Committee will with the help of police remove
the hawker. The officer in charge of the police station
concerned is directed to give prompt and immediate
assistance to the Committee. In the event of the Committee
finding the complaint to be correct it shall so record. On
F the Committee so recording an adverse remark re failure
to perform his duty will be entered in the confidential record
of the ward officer concerned. If more than three such
entries are found in the record of an officer it would be a
ground for withholding promotion. If more than six such
entries are found in the records of an officer it shall be a
G
ground for termination of service. For the work of attending
to such complaints BMC shall pay to the Chairman a fixed
honorarium of Rs 10,000 p.m.
(16) ihe scheme framed by us will have a binding effect
H on all concerned. Thus, apart from those to whom licences
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 753
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
will now be issued, no other person/body will have any right A
to squat or carry on any hawking or other business on the
roads/streets. We direct that BMC shall bring this judgment
to the notice of all courts in which matters are now pending.
We are quite sure that the court(s) concerned shall then
suitably vacate/modify its injunction/stay order." B
8. By an order dated 30.07.2004, which is reported in
(2009) 17 SCC 231 (Maharashtra Ekta Hawkers Union vs.
Municipal Corporation, Greater Mumbai), the Court modified
order dated 09.12.2003 and permitted handicapped persons
who were granted licence for running PCOs/Aarey/Sarita stalls C
to continue to run those stalls even in non-hawking zones with
the rider that no further or new licences be granted to any other
person.
9. The matter did not stop there. The issue was again D
examined in the judgment reported in (2009) 17 sec 151
(Maharashtra Ekta Hawkers Union vs. Municipal Corporation,
Greater Mumbai). In that case, a two Judge Bench took
cognizance of National Policy on Urban Street Vendors, 2004
and observed: E
"41. After noticing the contents of the statements in the
counter, we are happy to note that the State Government
is initiating a process for implementation of National Policy
on Urban Street Vendors by framing regulations as
F
envisaged in Section 10.1 of the National Policy. We hope
and trust that the State Government will pursue the matter
with right earnest and bring it to logical conclusion within
the time stipulated.
42. We clarify that the regulations so framed by the State G
would be in consonance with the aims and objects of the
National Policy to render some sort of succour to the urban
street vendors to eke out a living through hawking.
43. We also clarify that the State Government shall frame H
754 SUPREME COURT REPORTS [2013] 9 S.C.R.
A regulations in order to solve the problem of hawkers
independently without being influenced by any scheme
framed by us or any direction issued by this Court in the
interregnum. We further clarify that the schemes and
directions issued by this Court are purely temporary in
B nature and subject to regulations framed by the State
Government in terms of Section 10.1 of the National Policy
on Urban Street Vendors. In other words, the schemes and
directions issued by this Court shall be valid only till the
regulations are framed and implemented."
C The two Judge Bench also restrained all other Courts from
interpreting its order or passing any order touching upon the
subject matter dealt with by this Court. Simultaneously, hearing
of the writ petitions pending before all the High Courts was
stayed and it was ordained that if any clarification I modification
D is required then the same must be obtained from this Court.
10. In Gainda Ram vs. Municipal Corporation of Delhi
(2010) 10 sec 715, the problem was considered in the context
of Delhi. After taking cognizance of the fact that various
E committees were set up by the administration to solve the
problem of street vendors I hawkers, the Bench referred to the
National Policy on Urban Street Vendors, 2009 (for short, 'the
2009 Policy'), the Master Plan of Delhi, 2012, the Model Street
Vendors (Protection of Livelihood and Regulation of Street
F Vending) Bi'' 2009 prepared by the Government of India,
Ministry of Housing and Urban Poverty Alleviation and observed:
"67. In the background of the provisions in the Bill and the
2009 Policy, it is clear that an attempt is made to regulate
the fundamental right of street hawking and street vending
G by law, since it has been declared by this Court that the
right to hawk on the streets or right to carry on street
vending is part of fundamental right under Article 19(1)(g).
However, till the law is made the attempt made by NDMC
and MCD to regulate this right by framing schemes which
H are not statutory in nature is not exactly within the
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 755
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
contemplation of constitutional provisions discussed A
above. However, such schemes have been regulated from
time to time by this Court for several years as pointed out
above. Even, orders passed by this Court, in trying to
regulate such hawking and street vending, is not law either.
At the same time, there is no denying the fact that hawking B
and street vending should be regulated by law. Such a law
is imminently necessary in public interest."
The Court also referred to the mechanism established by the
Municipal Corporation of Delhi for redressing the grievance of
the street vendors/hawkers and issued the following directions: C
"77. In view of such schemes, the hawkers, squatters and
vendors must abide by the dispute redressal mechanism
mentioned above. There should not be any direct approach
to this Court by way of fresh petitions or IAs, bypassing D
the dispute redressal mechanism provided in the schemes.
78. However, before 30-6-2011, the appropriate
Government is to enact a law on the basis of the Bill
mentioned above or on the basis of any amendment E
thereof so that the hawkers may precisely know the
contours of their rights. This Court is giving this direction
in exercise of its jurisdiction to protect the fundamental
rights of the citizens.
79. The hawkers' and squatters' or vendors' right to carry F
on hawking has been recognised as a fundamental right
under Article 19(1)(g). At the same time the right of the
commuters to move freely and use the roads without any
impediment is also a fundamental right under Article
19(1)(d). These two apparently conflicting rights must be G
harmonised and regulated by subjecting them to
reasonable restrictions only under a law. The question is,
therefore, vitally important to a very large section of people,
mostly ordinary men and women. Such an issue cannot be
left to be decided by schemes and which are monitq_red H
756 SUPREME COURT REPORTS ""' '[2013) 9 $-:c.R.
A by this Court from time to time."
11. When these appeals and applications were taken up
for hearing, Shri Prashant Bhushan, learned counsel
representing some of the street vendors I hawkers produced
B Twenty Third Report of the Standing Committee on Urban
Development (2012-2013) prepared in the context of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Bill, 2012 and submitted that till Parliament enacts
appropriate legislation for protecting the rights of the urban
street vendors I hawkers, the Court may ordain implementation
C of the 2009 Policy with liberty to the parties to approach
appropriate judicial forums for redressal of their grievance.
They and learned counsel representing the municipal bodies I
authorities, residents and others lamented that due to the
restrictions imposed by this Court, no other Court is entertaining
D the grievance made by the street vendors I hawkers on the one
hand and the residents of various colonies and other people
on the other hand and this is the reason why dozens of
interlocutory applications are being filed in this Court every year
in the decided matters. They suggested that the embargo
E placed by this Court on the entertaining of writ petitions, etc.,
by the High Courts should be lifted and a direction be given
that till the enactment of appropriate legislation by Parliament
or any other competent legislature, the 2009 Policy should be
implemented throughout the country. Shri Shyam Divan, learned
F senior counsel, extensively referred to some of the precedents
and submitted that the Bombay High Court should be directed
to specifically deal with the issue related to establishment of
hawking and non-hawking zones so that the residents may not
be adversely affected due to un-regulated street vending and
G hawking activities in different parts of the city of Mumbai.
12. Shri Pallav Shishodia, learned senior counsel
appearing for the Municipal Corporation of Greater Mumbai
argued that the street vendors I hawkers cannot be allowed to
occupy public spaces at each and every place and the scheme
H
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 757
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
framed by the Corporation in compliance of the directions given A
by this Court does not require any modification. Shri Vijay
Hansaria, Shri Anand Grover, learned Senior Advocates and
Shri Sushil Kumar Jain and other learned counsel emphasized
that this Court should direct the municipal authorities to
accommodate all the street vendors I hawkers and stop their B
harassment, exploitation and victimization by the State
agencies. Shri Prashant Bhushan emphasized that despite the
directions given by this Court from time to time, including the
interim order passed in relation to the street vendors I hawkers
in Delhi, the concerned authorities are not allowing them to c
conduct their activities. He further argued that the street vendors
I hawkers should be allowed to operate in accordance with the
provisions of 2009 Policy and the concerned authorities should
ensure that everybody is given licence for carrying out his I her
activity. Learned counsel for the parties also suggested that the D
decision(s) of the Town Vending Committees should be
published on regular intervals in print and electronic media and
the internet and the High Courts should be asked to monitor
implementation of various provisions of the 2009 Policy.
13. At the conclusion of hearing, the Court had given time E
to the parties to file written submissions I suggestions. On 7th
August, 2013, Shri Prashant Bhushan, learned counsel for the
applicants in IA Nos. 322-323 of 2013 and 324-325 of 2013
filed written suggestions. On 8th August, 2013, a written note
was filed on behalf of Citizen Forum for Protection of Public F
Spaces (CitiSpace), which was allowed to act as intervenor in
the special leave petitions filed by Maharashtra Ekta Hawkers
Union.
14. We have considered the respective arguments I G
submissions. Learned counsel for the parties are ad-idem that
the orders passed by this Court from time to time have not
solved the problems of the street vendors I hawkers and the
residents of the cities of Delhi and Mumbai and almost every
year they have been seeking intervention of this Court by filing H
758 SUPREME COURT REPORTS [2013] 9 S.C.R.
A interlocutory applications. The experience has, however, shown
that it is virtually impossible for this Court to monitor day to day
implementation of the provisions of different enactments and
the directions contained in the judgments noted hereinabove.
Therefore, it will be appropriate to lift the embargo placed on
B the entertaining of matters by the High Courts and we order
accordingly. Paragraph 45 of the judgment reported in (2009)
17 sec 151 shall stand modified and the street vendors I
hawkers, the residents and others adversely affected by street
vending I hawking shall henceforth be entitled to invoke the
c jurisdiction of the concerned High Courts for redressal of their
grievance.
15. In Gainda Ram's case (paragraph 78), this Court had
directed that appropriate Government should enact a law on
or before 30th June, 2011. Once the Street Vendors
D (Protection of Livelihood and Regulation of Street Vending) Bill,
2012 becomes law, the livelihood of millions would be saved
and they will get protection against constant harassment and
victimization which has so far been an order of the day.
However, till the needful is done, it will be apposite for the Court
E to step in and direct that the 2009 Policy, of which the salient
provisions are extracted below, should be implemented
throughout the country:
"1.8 A centre piece of this Policy is the role of Town
F Vending Committee (henceforth referred to as TVC) to be
constituted at City/Town level. A TVC shall be coordinated
by a convener who should be nominated by the urban local
body concerned. The Chairman of TVC will be the
Commissioner/Chief Executive Officer of the concerned
urban local body. The TVC will adopt a participatory
G
approach and supervise the entire process of planning,
organisation and regulation of street vending activities,
thereby facilitating the implementation of this Policy.
Further, it will provide an institutional mechanism for due
appreciation of the ground realities and harnessing of local
H
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CORPORATION, GREATER MUMBAI [GS. SINGHVI, J.]
knowledge for arriving at a consensus on critical issues A
of management of street vending activities. The TVC may
constitute, in collaboration with the local authority, Ward
Vending Committee to assist in the discharge of its
functions.
B
1.9 This Policy adopts the considered opinion that there
should not be any cut off date or limit imposed on the
number of vendors who should be permitted to vend in any
city/town, subject to registration of such vendors and
regulation through the TVC. At any time, an urban poor C
person can decide that he or she would like to go to a
wholesale market, purchase some items and sell these in
vending zones during permitted hours to make an honest
living. The vendor may not be subject to undue restrictions
if he/she wishes to change the trade. In order to.make this
conceptual right a practically feasible right, the following D
would be necessary:
i) Vendor markets/outlets should be developed in which
space could be made available to hawkers/vendors on a
time-sharing model on the basis of a roster. Let us say that E
there are 500 such vending places in about a 100 new
vendors' markets/push cart markets/motorized vending
outlets. Let us also assume that there are 5,000 vendors
who want to apply for a vending site on a time-sharing
basis. Then by a simple process of mathematical analysis, F
a certain number of days or hours on particular days could
be fixed for each vendor in a vending place on a roster
basis through the concerned TVC.
ii) In addition to vendors' markets/outlets, it would be
desirable to promote week-end markets in public G
maidans, parade grounds or areas meant for religious
festivals. The week-end markets can be run on a first-
come-first-serve basis depending on the number of
vending sites that can be accommodated in the
designated area and the number of vendors seeking H
760 SUPREME COURT REPORTS [2013) 9 S.C.R.
A vending places. However, in order to be equitable, in case
there is a heavy demand from vendors the number of week-
ends a given vendor can be allocated a site on the first-
come-first-serve basis can be restricted to one or two in
a month depending on demand.
B
iii) A registered vendor can be permitted to vend in
designated vending zones without restrictions, especially
during non-rush hours. Again in places like verandahs or
parking lots in areas such as central business districts,
e.g. Connaught Place in New Delhi, vendors' markets can
c be organized after the closing of the regular markets. Such
markets, for example, can be run from 7.30 PM to 10.30
PM as night bazaars on a roster basis or a first-come-first-
serve basis, with suitable restrictions determined by the
concerned TVC and authorities.
D
iv) It is desirable that all City/Town Master Plans make
specific provisions for creating new vending markets at the
time of finalization/revision of Master Plans, Zonal Plans
and Local Area Plans. The space reserved in such plans
E should be commensurate with the current number of
vendors and their rate of growth on perspective basis (say
10-20 years) based on rate of growth over a preceding 5-
year period.
This Policy attempts to address some of the above
F concerns, keeping the interests of street vendors in view
vis-a-vis conflicting public interests.
3. Objectives
G 3.1 Overarching Objective
The overarching objective to be achieved through this
Policy is:
To provide for and promote a supportive environment for
H the vast mass of urban street vendors to carry out their
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 761
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vocation while at the same time ensuring that their vending A
activities do not lead to overcrowding and unsanitary
conditions in public spaces and streets.
3.2 Specific Objectives
This Policy aims to develop a legal framework through a B
model law on street vending which can be adopted by
States/Union Territories with suitable modifications to take
into account their geographical/local conditions. The
specific objectives of this Policy are elaborated as follows:
c
a) Legal Status:
To give street vendors a legal status by formulating an
_appropriate law and thereby providing for legitimate
vending/hawking zones in city/town master or development
plans including zonal, local and layout plans and ensuring D
their enforcement;
b) Civic Facilities:
To provide civic facilities for appropriate use of identified . E
spaces as vending/hawking zones, vendors' markets or
vending areas in accordance with city/town master plans
including zonal, local and layout plans;
c) Transparent Regulation:
F
To eschew imposing numerical limits on access to public
spaces by discretionary licenses, and instead moving to
nominal fee-based regulation of access, where previous
occupancy of space by the street vendors determines the
allocation of space or creating new informal sector G
markets where space access is on a temporary turn-by-
turn basis. All allotments of space, whether permanent or
temporary should be based on payment of a prescribed
fee fixed by the local authority on the recommendations of
the Town Vending Committee to be constituted under this H
762 SUPREME COURT REPORTS [2013] 9 S.C.R.
A Policy;
d) Organization of Vendors:
To promote, where necessary, organizations of street
vendors e.g. unions I co-operatives I associations and
B other forms of organizations to facilitate their collective
empowerment;
e) Participative Processes:
To set up participatory processes that involve firstly, local
c authority, planning authority and police; secondly,
associations of street vendors; thirdly, resident welfare
associations and fourthly, other civil society organizations
such as NGOs, representatives of professional groups
(such as lawyers, doctors, town planners, architects etc.),
D representatives of trade and commerce, representatives
of scheduled banks and eminent citizens;
f) Self-Regulation:
E To promote norms of civic discipline by institutionalizing
mechanisms of self-management and self-regulation in
matters relating to hygiene, including waste disposal etc.
amongst street vendors both in the individually allotted
areas as well as vending zones/clusters with collective
responsibility for the entire vending zone/cluster; and
F
g) Promotional Measures:
To promote access of street vendors to such services as
credit, skill development, housing, social security and
G capacity building. For such promotion, the services of Self
Help Groups (SHGs)/Co-operatives/ Federations/Micro
Finance Institutions (MFls), Training Institutes etc. should
be encouraged.
4.2 Demarcation of Vending Zones
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MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 763
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The demarcation of 'Restriction-free Vending Zones', A
'Restricted Vending Zones' and 'No-vending Zones' should
be city/town specific. In order to ensure that the city/town
master/ development plans provide for adequate space for
street vendors to run their activities, the following guidelines
would need to be adhered to: B
a) Spatial planning should take into account the natural
propensity of street vendors to locate in certain places at
certain times in response to the patterns of demand for
their goods/services. For this purpose, photographic
digitalized surveys of street vendors and their locations C
should be conducted by competent professional
institutions/agencies. This is to be sponsored by the
concerned Department of State Government/Urban
Development Authority/Local Authority.
D
b) Municipal Authorities should frame necessary rules for
regulating entry of street vendors on a time sharing basis
in designated vending zones keeping in view three broad
categories - registered vendors who have secured a
license for a specified site/stall; registered street vendors E
in a zone on a time sharing basis; and registered mobile
street vendors visiting one or the other vending zone;
c) Municipal Authorities should allocate sufficient space for
temporary 'Vendors' Markets' (e.g. Weekly Haats, Rehri
Markets, Night Bazaars, Festival Bazaars, Food Streets/ F
Street Food Marts etc.) whose use at other times may be
different (e.g. public park, exhibition ground, parking lot
etc.). These 'Vendors Markets' may be established at
suitable locations keeping in view demand for the wares/
services of street vendors. Timing restrictions on vending G
should be in accordance with the need for ensuring non-
congestion of public spaces/maintaining public hygiene
without being ad hoc, arbitrary or discriminatory. Rationing
of space should be resorted to if the number of street
vendors exceeds the number of spaces available. H.
764 SUPREME COURT REPORTS [2013] 9 S.C.R.
A Attempts should also be made to provide ample parking
areas for mobile vendors for security of their vehicles and
wares at night on payment of suitable fees.
d) Mobile vending should be permitted in all areas even
outside the 'Vendors Markets', unless designated as 'No-
B
vending Zone' in the zonal, local area or layout plans under
the master/development plan of each city/town. 'Restricted
Vending' and 'No Vending Zones' may be determined in
a participatory manner. 'Restricted Vending Zones' may be
notified in terms of both location and time. Accordingly, a
c particular location may be notified as 'No-vending Zone'
only at particular times of the day or days of the week.
Locations should not be designated as 'No-vending Zones'
without full justification; the public benefits of declaring an
area/spot as 'No-vending Zone' should clearly outweigh the
D potential loss of livelihoods and non-availability of
'affordable' and 'convenient' access of the general public
to street vendors.
e) With the growth of cities/towns in response to
E urbanization, the statutory plans of every new area should
have adequate provision for 'Vending/hawking Zones' and
'Vendors Markets.'
4.5.1 Town Vending Committee
F a) Designation or demarcation of 'Restriction-free
Vending Zones'/ 'Restricted Vendi.ng Zones'/No-vending
Zones' and Vendors' Markets should be carried out in a
participatory manner by the Town Vending Committee, to
be established at town/city level. A TVC should consist of
G the Municipal Commissioner/ Chief Executive Officer of the
urban local body as Chairperson and such number of
members as may be prescribed by the appropriate
Government, representing firstly, local authority; planning
authority and police and such other interests as it deems
H proper; secondly, associations of street vendors; thirdly,
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 765
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resident welfare associations and Community Based A
Organisations (CBOs); and fourthly, other civil society
organizations such as NGOs, representatives of
professional groups (such as lawyers, doctors, town
planners, architects etc.), representatives of trade and
commerce, representatives of scheduled banks and B
eminent citizens. This Policy suggests that the
representatives of street vendors' associations may
constitute forty per cent of the number of the members of
the TVC and the other three categories may be
represented in equal proportion of twenty per cent each. c
At least one third of the representatives of categories of
street vendors, resident welfare associations and other
civil society organizations should be women to provide a
gender focus in the TVC. Adequate/reasonable
representation should also be provided to the physically 0
challenged in the TVC. The process for selection of street
vendors' representatives should be based on the following
criteria:
• "Participation in membership-based organisations;
and E
• "Demonstration of financial accountability and civic
discipline.
b) The TVC should ensure that the provision of space for
F
vendors' markets are pragmatic, consistent with formation
of natural markets, sufficient for existing demand for the
street vendors' goods and services as well as likely
increase in accordance with anticipated population growth.
c) The TVC should monitor the provision of civic facilities G
and their functioning in Vending Zones and Vendors'
Markets and bring shortcomings, if any to the notice of the
concerned authorities of the urban local body. The TVC
should also promote the organisation of weekly markets,
festival bazaars, night bazaars, vending festivals on H
766 SUPREME COURT REPORTS [2013] 9 S.C.R.
A important holidays etc. as well as take up necessary
improvement of infrastructure facilities and municipal
services with the urban local body concerned.
4.5.2 The TVC shall perform the following functions:
8 a) Undertake periodic survey/census to assess the
increase or decrease in the number of street vendors in
the city/town/wards/localities;
b) Register the street vendors and ensure the issuance of
c Identity Cards to the street vendors after their preparation
by the Municipal Authority;
c) Monitor the civic facilities to be provided to the street
vendors in vending zones/vendors' markets by the
Municipal Authority;
D
d) Assess and determine maximum holding capacity of
each vending zone;
e) Work out a non-discretionary system and based on the
E same, identify areas for hawking with no restriction, areas
with restriction with regard to the dates, days and time,
and, areas which would be marked as 'No Vending
Zones';
f) Set the terms and conditions for hawking and take
F corrective action against defaulters;
g) Collect fees or other charges as authorized by the
competent civic authority;
h) Monitor to ensure that those allotted stalls/vending spots
G
are actually using them and take necessary action to
ensure that these are not rented out or sold to others;
i) Facilitate the organization of weekly markets, festival
bazaars, night bazaars, vending festivals such as food
H festivals to celebrate important occasions/holidays
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 767
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including city/town formation days etc; and A
j) Ensure that the quality of products and services provided
to the public is as per standards of public health, hygiene
and safety laid down by the local authority.
4.5.4 Registration System for Street Vending B
A system of registration of vendors/hawkers and non-
discretionary regulation of their access to public spaces
in accordance with the standards of planning and the
nature of trade/service should be adopted. This system is c
described in greater detail below.
a) Photo Census of Vendors:
The Municipal Authority, in consultation with the TVC should
undertake a comprehensive, digitalized photo census I D
survey I GIS Mapping of the existing stationary vendors
with the assistance of professional organisations/experts
for the purpose of granting them lease to vend from
specific places within the holding capacity of the vending
zones concerned. E
b) Registration of Vendors:
The power to register vendors would be vested with the
TVC. Only those who give an undertaking that they will
personally run the vending stall/spot and have no other F
means of livelihood will be entitled for registration. A
person will be entitled to receive a registration document
for only one vending spot for him/her (and family). He/she
will not have the right to either rent or lease out or sell that
spot to another person. G
c) New Entrants:
Those left out in the photo census or wishes to take up
street vending for the first time will also have a right to apply
H
768 SUPREME COURT REPORTS [2013] 9 S.C.R.
A for registration as vendors provided they give a statement
on oath that they do not have any other means of livelihood
and will be personally operating from the vending spot, with
help from family members.
d) Identity Cards:
B
Upon registration, the concerned Municipal Authority would
issue an Identity Card with Vendor Code Number, Vendor
Name, Category of Vendor etc. in writing to the street
vendor, through the TVC concerned containing the following
c information:
(i) Vendor Code No.
(ii) Name, Address and photograph of the Vendor;
D (iii) Name of any one Nominee from the family/and/or a
family helper;
(iv) Nature of Business;
(v) Category (Stationary /Mobile); and
E
(vi) If Stationary, the Vending Location.
Children below 14 years would not be included in the
Identity Card for conduct of business.
F e) Registration Fee:
All vendors in each city/town should be registered at a
nominal fee to be decided by the Municipal Authority
concerned based on the photo census or any other reliable
G means of identification such as the use of biometric
techniques.
f) Registration Process:
i) The registration process must be simple and
H
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 769
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
expeditious. All declarations, oath, etc. may be on the A
basis of self-declaration.
ii) There should preferably be no numerical restriction or
quotas for registration, or prior residential status
requirements of any kind. B
iii) Registration should be renewed after every three years.
However, a vendor who has rented out or sold his spot to
another person will not be entitled to seek re-registration.
iv) There may be a "on the spot" temporary registration c
process on renewable basis, in order to allow the street
vendors to immediately start their earnings as the
registration process and issue of I-card etc. may take time.
5.1 If authorities come to the conclusion in any given
0
instance that genuine public obstruction of a street, side
walk etc. is being caused by street vending, there should
be a mechanism of due notice to the street vendors. The
vendors should be informed/warned by way of notice as
the first step before starting the clearing up or relocation
process. In the second step, if the space is not cleared E
within the notified time, a fine should be imposed. If the
space is not cleared even after the notice and imposition
of fine, physical eviction may be resorted to. In the case
of vending in a 'No-vending Zone', a notice of at least a
few hours should be given to a street vendor in order to F
enable him or her clear the space occupied. In case of
relocation, adequate compensation or reservation in
allotment of new vending site should be provided to the
registered vendors.
G
5.2 With regard to confiscation of goods (which should
happen only as a last resort rather than routinely), the street
vendors shall be entitled to get their goods back within a
reasonable time on payment of prescribed fee, determined
byTVC.
H
770 SUPREME COURT REPORTS [2013] 9 S.C.R.
A 6.6 Allotment of Space/Stationary Stalls
Stationary vendors should be allowed space/stalls, whether
open or covered, on license basis after photo census/
survey and due enquiry in this regard, initially for a period
of 10 years with the provision that only one extension of
B
ten years shall be provided thereafter. After 20 years, the
vendor will be required to exit the stationary stall (whether
open or covered) as it is reasonably expected that the
licensee would have suitably enhanced his/her income,
thereby making the said stall available for being licensed
c to a person belonging to the weaker sections of society.
Wherever vending stall/vending space is provided to a
vendor on a lease basis for a certain number of years,
care should be taken that adequate reservation is made
for the SCs/STs in accordance with their share in the total
D population of the city. Similarly, priority should be given to
physically challenged/disabled persons in the allocation of
vending stalls/vending spaces as vending space can be
a useful medium for rehabilitating physically challenged/
disabled persons. Further, a suitable monitoring system
E should be put in place by the TVC to ensure that the
licensees of the stationary stalls do not sell/ let out their
stalls.
6. 7 Rehabilitation of Child Vendors
F To prevent vending by children and seek their rehabilitation
wherever such practice exists, in conformity with the Child
Labour (Prohibition & Regulation) Act, 1986, the State
Government and Municipal Authorities should undertake
measures such as sending the children to regular or bridge
G schools, imparting them skills training etc.
6.8 Promoting Vendors' Organisations
To enable street vendors to access the benefits of social
security schemes and other promotional measures in an
H
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 771
CORPORATION, GREATER MUMBAI [G.S. SINGHVI, J.]
effective manner, it is essential that the street vendors are A
assisted to form their own organizations. The TVC should
take steps to facilitate the formation and smooth functioning
of such organizations of street vendors. Trade Unions and
other Voluntary Organisations should play an active role
and help the street vendors to organise themselves by B
providing counseling and guidance services wherever
required."
16. For facilitating implementation of the 2009 Policy, we
issue the following directions:
c
(i) Within one month from the date of receipt of copy
of this order, the Chief Secretaries of the State
Governments and Administrators of the Union
Territories shall issue necessary instructions/
directions to the concerned department(s) to D
ensure that the Town Vending Committee is
constituted at city I town level in accordance with
the provisions contained in the 2009 Policy. For the
cities and towns having large municipal areas, more
than one Town Vending Committee may be E
constituted.
(ii) Each Town Vending Committee shall consist of
representatives of various organizations and street
vendors I hawkers. 30% of the representatives from
F
the category of street vendors I hawkers shall be
women.
(iii) The representatives of various organizations and
street vendors I hawkers shall be chosen by the
Town Vending Committee by adopting a fair and G
transparent mechanism.
(iv) The task of constituting the Town Vending
Committees shall be completed within two months
of the issue of instructions by the Chief Secretaries
H
772 SUPREME COURT REPORTS [2013] 9 S.C.R.
A of the State and the Administrators of the Union
Territories.
(v) The Town Vending Committees shall function strictly
in accordance with the 2009 Policy and the
decisions taken by it shall be notified in the print
B
and electronic media within next one week.
(vi) The Town Vending Committees shall be free to
divide the municipal areas in vending I hawking
zones and sub-zones and for this purpose they may
C take assistance of experts in the field. While
undertaking this exercise, the Town Vending
Committees constituted for the cities of Delhi and
Mumbai shall take into consideration the work
already undertaken by the municipal authorities in
D furtherance of the directions given by this Court. The
municipal authorities shall also take action in terms
of Paragraph 4.2(b) and (c).
(vii) All street vendors I hawkers shall be registered in
accordance with paragraph 4.5.4 of the 2009
E
Policy. Once registered, the street vendor I hawker,
shall be entitled to operate in the area specified by
the Town Vending Committee.
(viii) The process of registration must be completed by
F the municipal authorities across the country within
four months of the receipt of the direction by the
Chief Secretaries of the States and Administrators
of the Union Territories.
G (ix) The State Governments I Administration of the
Union Territories and municipal and local authorities
shall take all the steps necessary for achieving the
objectives set out in the 2009 Policy .
. (x) The Town Vending Committee shall meet every
H month and ensure implementation of the relevant
MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 773
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provisions of the 2009 Policy and, in particular, A
paragraph 4.5.1 (b) and (c).
(xi) Physically challenged who were allowed to operate
PCO's in terms of the judgment reported in (2009)
17 sec 231 shall be allowed to continue to run B
their stalls and sell other goods because running of
PCOs. is no longer viable. Those who were allowed
to run Aarey/Sarita shall be allowed to continue to
operate their stalls.
{xii) The State Governments, the Administration of the c
Union Territories and municipal authorities shall be
free to amend the legislative provisions and/or
delegated legislation to bring them in tune with the
2009 Policy. If there remains any conflict between
the 2009 Policy and the municipal laws, insofar as D
they relate to street vendors/hawkers, then the 2009
Policy shall prevail.
{xiii) Henceforth, the parties shall be free to approach the
jurisdictional High Courts for redressal of their E
grievance and the direction, if any, given by this
Court in the earlier judgments I orders shall not
impede disposal of the cases which may be filed
by the aggrieved parties.
{xiv) The Chief Justices of the High Courts are requested F
to nominate a Bench to deal with the cases filed for
implementation of the 2009 Policy and disputes
arising out of its implementation. The concerned
Bench shall regularly monitor implementation of the
2009 Policy and the law which may be enacted by G
the Parliament.
{xv) All the existing street vendors I hawkers operating
across the country shall be allowed to operate till
the exercise of registration and creation of vending H
774 SUPREME COURT REPORTS [2013] 9 S.C.R.
A I hawking zones is completed in terms of the 2009
Policy. Once that exercise is completed, they shall
be entitled to operate only in accordance with the
orders/directions of the concerned Town Vending
Committee.
B
(xvi) The provisions of the 2009 Policy and the directions
contained hereinabove shall apply to all the
municipal areas in the country.
17. The aforesaid directions shall remain operative till an
C appropriate legislation is enacted by Parliament or any other
competent legislature and is brought into force.
18. The parties, whose applications have remained
pending before this Court, shall be free to institute appropriate
0 proceedings in the jurisdictional High Court. If so advised, the
aggrieved person shall be free to file petition under Article 226
of the Constitution.
19. All the appeals and I.As are disposed of in the manner
indicated above.
E
20. The Registry is directed to send copies of this order
to the Chief Secretaries of all the States, Administrators of the
Union Territories and Registrar Generals I Registrars (Judicial)
of all the High Courts, who shall place the order before the Chief
F Justice for consideration and necessary directions.
R.P. Appeals and I.As. disposed of.
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