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2025 DAILYLAW 1626 (MEG)

SHILLONG MUNICIPAL BOARD v. STATE OF MEGHALAYA AND 21 ORS.

MC(PIL)/8/2025 · 2025-10-27

Soumen Sen, W Diengdoh

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF MEGHALAYA AT SHILLONG MC (PIL) No.8/2025 in PIL No.17/2021 with MC(PIL) No.1/2025 MC(PIL) No.3/2025 PIL No.9/2024 Date of order: 27.10.2025 Shillong Municipal Board vs. State of Meghalaya & ors Philip Khrawbok Shati vs. State of Meghalaya & ors Meghalaya and Greater Shillong Progressive Hawkers and Street vs. Andrew Aibok Jyrwa & ors Vendors Association Rupert Raymond Theodore Wankhar vs. Andrew Aibok Jyrwa Andrew Aibok Jyrwa vs. The State of Meghalaya & ors Coram: Hon’ble Mr. Justice Soumen Sen, Chief Justice Hon’ble Mr. Justice W. Diengdoh, Judge Appearance in MC (PIL) No.8/2025: For the Applicant : Mr. S. Dey, Adv For the Respondents : Mr. K. Khan, AAG with Mr. A.H. Kharwanlang, Addl.Sr.GA Mr. H.L. Shangreiso, Sr.Adv with Mr. T. Dkhar, Adv for R/18 Mr. N. Syngkon, Adv for R/21 Ms. S. Shyam, Adv for R/22 Appearance in PIL No. 17/2021: For the Petitioner : Mr. H.L. Shangreiso, Sr.Adv with Mr. T. Dkhar, Adv For the Respondents : Mr. K.P. Bhattacharjee, GA Mr. S. Dey, Adv Serial No.02 Daily List 2025:MLHC:1015-DB Appearance in MC (PIL) No. 1/2025: For the Applicant : Mr. B. Ramsiej, Adv For the Respondents : Mr. N. Syngkon, Adv Appearance in MC (PIL) No.3/2025: For the Applicant : Ms. S. Shyam, Adv For the Respondent : Mr. N. Syngkon, Adv Appearance in PIL No. 9/2024: For the Petitioners : Mr. N. Syngkon, Adv with For the Respondents : Mr. K.P. Bhattacharjee, GA Mr. S. Dey, Adv i) Whether approved for Yes/No reporting in Law journals etc.: ii) Whether approved for publication Yes/No in press: Note: For proper public information and transparency, any media reporting this judgment is directed to mention the composition of the bench by name of judges, while reporting this judgment/order. PIL No.17 of 2021 is heard along with MC (PIL) No.8 of 2025. 2. The miscellaneous application [MC (PIL) No.8 of 2025] has been filed for clarification and modification of the order dated 29.08.2025, whereby the Hon’ble Division Bench presided over by the then Chief Justice directed the State and the Board to file a joint or independent report before the returnable date of the public interest litigation (PIL) with regard to the present status of the hawkers. 3. The order proceeds on the basis that apart from 122 vendors being identified, there could be an additional 48 street vendors whose names 2025:MLHC:1015-DB may not have been included in this list as street vendors. The miscellaneous application has been filed to clarify that the 48 additional hawkers described in the earlier order is already included in the 122 vendors, the list of which was submitted in the earlier report. The application filed for clarification and modification should be restricted only to 122 vendors out of which 22 vendors have been found to be eligible under the provisions of the scheme formulated under Section 38 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2022. It appears that the Board has formulated the Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2022 and the under the said scheme on survey a total number of 22 persons were found to be eligible in the Laitumkhrah area. In addition to the 22 vendors being identified and found to be eligible under the scheme, 48 persons have also submitted their claims for consideration as to their eligibility under the said scheme and the Board is in the process of verifying their eligibility. 4. In the application it is suggested that if there are any additional vendors/persons apart from the 122 surveyed ones, they shall be at liberty to approach the Provisional Town Vending Committee (PTVC) for 2025:MLHC:1015-DB redressal of their grievances along with all relevant documents. The said suggestion is acceptable to all the parties and we also find it to be a fair stand taken by the Board. 5. We allow this application [MC (PIL) No.8 of 2025] for modification and clarification of the order dated 29.08.2025 to the extent indicated in this order. 6. The Board shall file a report with regard to the eligibility and steps taken for issuing licence in favour of 122 vendors within four weeks from date in the pending PIL. List the PIL [PIL No.17 of 2021 along with the connected matters] on 25.11.2025. 7. Since no affidavit-in-opposition has been filed, all allegations are deemed to have been denied. 8. On consideration of the reports filed in Court, the issue of free movement of traffic shall be considered on the adjourned date. However, in the meantime, the State may file a status report. (W. Diengdoh) (Soumen Sen) Judge Chief Justice 2025:MLHC:1015-DB Digitally signed by LAMPHRANG KHARCHANDY Date: 2025.10.27 18:40:19 IST