The Supreme Court on Monday issued notice to the Centre, Tamil Nadu government and Chennai Corporation on a special leave petition against a Madras High Court judgment refusing to order eviction of hawkers in Marina Beach.
A three-judge Bench of Chief Justice R.M. Lodha and Justices Kurian Joseph and Rohinton Nariman issued notice on the special leave petition filed by K. Balaji, president, Gandhiji Consumer Forum challenging the judgment.
Counsel K.K. Mani, appearing for the appellant submitted that the High Court had relied on an apex court judgment in street hawkers case and declined to intervene. He said this judgment would not apply to the facts of this case as Marina Beach would come under the ambit of Coastal Zone Regulations and no commercial activity/entertainment activities could be permitted in the said area.
The appellant sought a direction in the High Court for removal of shops, eateries and fun game gadgets and merry go round etc., immediately and also direct them not to allow any such thing to come in the future and to maintain the entire length of Marina Beach all parts inclusive.
Chennai Corporation submitted that as per the latest enumeration “there are about 1,489 hawkers in the Marine Beach areas, who cater to the requirement of beach goers, such as water, refreshments etc. However, they need to be regulated, so that the beach does not get adversely affected by uncontrolled commercial activities.”
The appellant sought quashing of the judgment.
