The High Court of Karnataka on Monday directed the Bruhat Bangalore Mahanagara Palike (BBMP) not to violate the provisions of the new law, which protects the interests of street vendors, while clearing footpaths of encroachments.
A Division Bench comprising Chief Justice D.H. Waghela and Justice Ashok B. Hinchigeri made it clear to the BBMP that it would have to enforce the court’s July 23 direction on clearing footpaths of encroachments. However, the court has now put a rider stating that the BBMP should not violate the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which came into force on May 1, 2014.
The Bench issued the direction when it was pointed out that the newly enacted Street Vendors Act provided protection for street vendors across the country. In its July 23 direction, the court had directed the BBMP to evict all encroachers on footpaths without issuing notices to them.
The new law states that no street vendor shall be evicted or relocated till the survey of vendors was completed and certificate of vending issued to all vendors by specifying their vending locations.
‘Scheme needed’BBMP counsel told the Bench that the government was required to frame a scheme for street vending in consultation with the local authority within six months from the date of commencement of the new Act.
The Urban Development Department has convened a meeting in this regard on September 27. However, the Bench orally told the State government and the BBMP that they would have to keep in mind the conflict between the right of persons to walk and the right of persons to sell while formulating the street vending scheme.
Progress madeEarlier, the BBMP counsel submitted a report indicating that a majority of the encroachments identified on footpaths of arterial and sub-arterial roads had been removed and the remaining encroachments would be removed in a phased manner by next month.