FOOT PATH WORKER SWAROJGAR BACHAO SANGHARSH SAMITI PANCHKULA v. STATE OF HARYANA
CWP/19495/2015 · 2025-07-23
Kuldeep Tiwari, To Be Nominated
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62095 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62095 (PNJ) · dailylaw.ai ]
Judgment text
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203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19495-2015(O&M) Date of Decision : 23.07.2025 FOOT PATH WORKER SWAROJGAR BACHAO SANGHARSH SAMITI PANCHKULA .....Petitioner VERSUS STATE OF HARYANA
....Respondents
CORAM:
HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Rajiv Dhawan, Advocate, for the petitioner. Mr. Maninder Singh, Addl.A.G., Punjab for respondent no.1 Mr. P.K.Dwivedi, Advocate, for respondent no.2-Municipal Corporation. Ms. Sanchi Bindra, Advocate for Mr. Amar Vivek Aggarwal, Advocate, for respondent no.4-HUDA.
ASHWANI KUMAR MISHRA, J. (ORAL)
1. This petition has been filed by Foot Path Worker Swarojgar Bachao Sangharsh Samiti, Panchkula, claiming itself to be a society, through its designated office bearers. Undisputedly, the petitioner is not a registered society. However, a resolution dated 23.08.2015 is annexed, signed by certain individuals, authorising the filing of present writ.
DHARAM VIR 2025.07.31 18:16 I attest to the accuracy and integrity of this document
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2. According to the petitioner, the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as the 'Act of 2014'), are not being implemented by the respondents-authorities, as a result of which the street vendors are adversely affected.
3. It is the case of the petitioner, that obligations imposed upon the municipal authorities under the Act of 2014, are not being discharged and the provisions of Chapter-II of the Act, are not being followed.
4.
Learned counsel for respondent no.2-Municipal Corporation, however, submits that the writ petition, in the manner instituted will not advance the cause of the street vendors, inasmuch as, the object of the Act of 2014, is to regulate the street vendors, so that their rights under the Act, are adequately protected. It is submitted that in the event there is any violation of the provisions of the Act of 2014, the remedy is also provided under the Act itself.
5. Attention of this Court has been invited to Chapter-V of the Act of 2014, which voices about the reference to the Dispute Redressal Mechanism. As per the statute, a District Street Vendors Dispute Redressal Committee, is required to be constituted, which would examine the grievance of the street vendors.
6. A notification of the State of Haryana dated 08.10.2020, has been produced before this Court, specifying the constitution of a District Street Vendors Dispute Redressal Committee.
DHARAM VIR 2025.07.31 18:16 I attest to the accuracy and integrity of this document
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7.
Learned counsel for the respondents states that at most of the places, such committee has been constituted.
8. It is however orally submitted before this Court, that in respect of District Panchkula, such committee has not been constituted, only because of the non-availability of the chairperson.
9. Once the statute clearly provides for constitution of a District Street Vendors Dispute Redressal Committee, it is expected that the State of Haryana, would take necessary steps to constitute such committee. In its absence the street vendors will have no other remedy but to approach this Court. This situation is not desirable when the Act itself provides for a dispute resolution mechanism.
10. In view of the above, this Court directs the respondent no.1- State of Haryana, as well as respondent no.2-Municipal Corporation, Panchkula, to ensure that a committee in terms of the notification dated 08.10.2020, is constituted positively, within a period of 08 weeks from the date of passing of this order.
11. Any violation of the aforesaid direction, would be viewed seriously.
12. Since the instant writ petition has remained pending since the year 2015, this Court deems it fit and appropriate to dispose it of, with the observation that the respondent authorities shall, scrupulously, comply with the provisions of the Act of 2014, and in case of any violation of its provisions, the person aggrieved will have the remedy of approaching the DHARAM VIR 2025.07.31 18:16 I attest to the accuracy and integrity of this document
CWP-19495-2015(O&M) -4- District Street Vendors Dispute Redressal Committee concerned, which shall deal with such grievance as per law.
13.
Disposed of accordingly.
14. All pending application(s), if any, also stand disposed of accordingly.
(ASHWANI KUMAR MISHRA) JUDGE (KULDEEP TIWARI) JUDGE July 23, 2025
dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.07.31 18:16 I attest to the accuracy and integrity of this document