Introduction:

In a significant legal development, the Supreme Court of India has granted interim protection from eviction to approximately 19,000 street vendors operating in the Pimpri-Chinchwad region near Pune, Maharashtra. The case, titled Maharashtra Pheriwala Kranti Mahasangh versus Pimpri-Chinchwad Municipal Corporation & Ors., SLP(C) No. 5144/2023, was presided over by a bench comprising Justices Vikram Nath and Sandeep Mehta. The Court’s decision mandates that until the identification and notification of hawking and non-hawking zones are conducted in accordance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the status quo regarding the vendors’ possession and operations must be maintained.

Background of the Case:

The Pimpri-Chinchwad Municipal Corporation (PCMC) had been engaged in the process of identifying and accommodating street vendors as per the provisions of the Street Vendors Act, 2014. In October 2023, the PCMC sought a minimum of six weeks to complete this exercise. However, by September 2024, the Corporation informed the Court that while a final list of 19,792 street vendors had been prepared as of February 7, 2024, financial constraints and limited resources impeded the immediate accommodation of all vendors.

Arguments Presented:

Petitioner’s Arguments:

Advocate Zain Haider, representing the Maharashtra Pheriwala Kranti Mahasangh, argued that the prolonged delay in completing the identification and accommodation process under the Street Vendors Act was causing undue hardship to the street vendors. He emphasized that these vendors rely on street vending as their primary source of livelihood and that any eviction without proper rehabilitation would be unjust and in violation of their rights under the Act.

Respondent’s Arguments:

The counsel for the Pimpri-Chinchwad Municipal Corporation acknowledged the ongoing process of accommodating the street vendors. They highlighted that the exercise to accommodate the 19,792 street vendors was underway but faced challenges due to financial limitations and resource constraints. The Corporation assured the Court of its commitment to completing the process in compliance with the statutory requirements but requested additional time to do so.

Court’s Observations and Judgment:

After considering the submissions from both parties, the Supreme Court issued an order stating:

“The exercise to accommodate the 19,792 street vendors or 14,000 and odd street vendors, as pointed out by the learned counsel appearing for the respondent-Pimpri-Chinchwad Municipal Corporation, is continuing. Until the exercise is completed, the parties shall maintain status quo with respect to possession and functioning of the street vendors.”

The Court further emphasized that hawkers should be treated with dignity and respect and must not be subjected to illegal eviction. This interim protection ensures that street vendors can continue their operations without fear of eviction until the PCMC completes the process of identifying and notifying designated vending zones as mandated by the Street Vendors Act, 2014.