Shillong Municipal Board v. State of Meghalaya and 21 Ors

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 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

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

reporting in Law journals etc.:

ii) Whether approved for publication

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.

¶2The 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.

¶3The order proceeds on the basis that apart from 122 vendors being identified, there could be an additional 48 street vendors whose names

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.

¶4In 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

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.

¶5We 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.

¶6The 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.

¶7Since no affidavit-in-opposition has been filed, all allegations are deemed to have been denied.

¶8On 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 Date: 2025.10.27 18:40:19 IST