Big relief to street shopkeepers, shops will not be removed without survey, High Court gives strict order to Yogi government:

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News India Live, Digital Desk: A relief news has come from Allahabad High Court for lakhs of street vendors earning their livelihood on the roadsides of Uttar Pradesh. The court has ordered the state government and local administration not to remove any street vendor without conducting a proper survey under the ‘Street Vendors Act 2014’. However, the court has also added an important condition to this relief.

What is the decision of the High Court?

The division bench of the Allahabad High Court, while hearing a petition, said that the Municipal Corporation and local bodies cannot evict shopkeepers as per their wish.

Survey Mandatory: The court said that until the survey of vending zones and non-vending zones is completed and certificates of vending are issued to the shopkeepers, no punitive action can be taken against them.

Following the Act: The Court reminded the administration that the ‘Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014’ provides protection to shopkeepers.

The court imposed a ‘strict condition’

Along with giving relief, the High Court has also put a mandatory condition before the shopkeepers and the administration:

“Street shopkeepers will be able to set up shop only where traffic is not disrupted. If any shopkeeper is causing jam on the road or causing problems to pedestrians, the administration will have the right to regulate them.”

This means that there will be security till the survey, but no relaxation will be given for violating traffic rules.

Why is this decision important?

It is often seen that in the name of removing encroachments, police and municipal corporation teams suddenly confiscate the goods of shopkeepers or remove them. After this command:

Stopping arbitrariness: The administration will no longer be able to take action without records.

Strength of Certificate: Shopkeepers will get a legal basis to register themselves and obtain certificates.

Town Vending Committee (TVC): Now the municipal corporations will have to speed up the meetings and survey process of the Town Vending Committee.

What should shopkeepers do now?

According to legal experts, street vendors should check the registration status by visiting their local municipality or municipal corporation. If the survey is currently going on, they should ensure to register their name in the list to avoid any action in future.