Fri. Sep 18th, 2020

Street vending not allowed on Highways without prior permission of authority

2 min read

Kerala High Court: While
deciding as to whether the right granted under the Street Vendors (Protection
of Livelihood and Regulation of Street Vending) Act, 2014 can be claimed by a
street vendor/ stationary vendor on a National Highway, a bench of Ashok
Bhushan CJ and A.M. Shaffique J upheld the decision of the learned Single Judge
that the appellant has no right to carry on the bunk shop on a National Highway,
as the land forming part of the Highways is vested in the Central Government
and Kochi Corporation (‘local authority’ under 2014 Act) cannot issue a licence
for carrying out bunk shop on the property of the National Highways Authority.

The Court relied
on the judgment of the Supreme Court in Sodan
Singh v. New Delhi Municipal Committee (1989) 4 SCC 155, and observed that
the contention of T.B. Mini, learned Counsel for the appellant that the appellant
has a right to carry on business under Article 19(1)(g) of the Constitution,
cannot be denied. However, the Court made clear that as per the provisions of
the 2014 Act, right to street vendors to render services to public have been
given in ‘vending zone’ in the ‘local authority’ which includes footpath,
sidewalk, pavement, embankment, street, public park etc. and does not
contemplate any such street vending on the National Highway. The Court accepted
the contention of Thomas Antony, learned Counsel for the respondent that as the
National Highways vests in the Central Government and is managed by the
National Highways Authority, the Kochi Corporation (‘local authority’) cannot
grant licence to the appellant to carry on the business on National Highways.

The Court
further referred various provisions of the National Highways Act, 1956, the
National Highways Authority of India Act, 1988, and the control of National
Highways (Land and Traffic) Act, 2002, and held that the provisions of 2014 Act
do not override the provisions of 1956 Act, 1988 Act and 2002 Act and hence no
one can occupy or use any land of Highways without permission from the Highway
Authority. The Court concluded that there is no error in the notice issued by
the National Highways Authority directing the appellant to vacate the premises,
and directed the appellant to seek for relocation of bunk shop before the Kochi
Corporation. [T.P. Cherian Philip v.
National Highways Authority of India,
W.A. No. 1665 of 2015, decided on 10.08.2015]
Source: Legal news India

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