Calcutta HC drops the hammer: Municipal Corporation on the verge of dissolution over unauthorised vendors

Calcutta HC drops the hammer: Municipal Corporation on the verge of dissolution over unauthorised vendors

In a bold and unprecedented move, the Calcutta High Court has issued a stern warning to the Kolkata Municipal Corporation, stating that it would be dissolved if it fails to take action against unauthorised street vendors and hawkers in the city. The court's attention was drawn to the thriving market of motor vehicle spare parts at Mullick Bazaar, which has been causing roadblocks and inconveniences for residents.

The court, presided over by Chief Justice TS Sivagnanam and Justice Ajay Kumar Mehta, was hearing a public interest litigation (PIL) filed by an advocate who raised concerns about the rampant unauthorised vending and encroachment. The court took note of a lawyer's complaint regarding the inability to access his own house due to street vendors. Shockingly, the authorities had claimed their inability to act due to the area's bustling market status.

Expressing its dissatisfaction with the municipal corporation's lack of action, Chief Justice Sivagnanam declared, "Your State machinery has thoroughly failed in implementing the law... If you throw up your hands, then we will dissolve your municipality." The court criticized the corporation for being unfit to administer the municipal laws and suggested that the executives take charge while the elected office bearers step aside.

The court also emphasized that the situation could have been improved if the state had formed hawking committees to identify and relocate hawkers based on their category. Chief Justice Sivagnanam rebuked the authorities for their failure to constitute such committees, stating that if they had done so 15 years ago, all the hawkers would have been rehabilitated by now. He empathized with the plight of these vendors, highlighting the importance of facing reality and addressing the issue promptly.

Notably, a report presented in court painted a grim picture, revealing the authorities' lack of initiative in evicting encroachers and regulating street hawkers. Referring specifically to Mullick Bazaar, the court described the vendors as "rank encroachers of government property" rather than mere hawkers. This situation creates an unfair disadvantage for legitimate shop owners who pay rent, utility bills, taxes, and other obligations for their businesses.

Expressing dismay, Chief Justice Sivagnanam questioned why the state rewards encroachers by failing to take action against them, while law-abiding citizens face hurdles in conducting their businesses. The court expressed its confusion over the municipal corporation and police authorities' inability to regulate or evict the encroachers.

Taking a firm stance, the court ordered the municipal authorities to initiate an eviction drive if the encroachers refuse to voluntarily vacate the premises within 10 days. However, the court acknowledged the possibility of re-locating these individuals to designated hawking zones, if available. It also mandated the removal of encroachments that extend from shops onto pavements and roadways within three days.

The court has demanded an action taken report to be filed by July 17, holding the authorities accountable for their progress. In a striking suggestion, Chief Justice Sivagnanam proposed bringing the unauthorised vendors to the municipal corporation's premises, urging the mayor and chairman to make space for them by removing their own cars. Alternatively, the court recommended the creation of a motor bazar where spare parts vendors could be regularized as tenants, operating with proper licenses.

The Calcutta High Court's stern warning to dissolve the municipal corporation if it fails to tackle the issue of unauthorised street vendors has sparked a wave of excitement and anticipation. This groundbreaking decision emphasizes the court's commitment to upholding the rule of law and ensuring a fair and conducive environment for legitimate businesses to thrive. The authorities now face a critical

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