Mejo Sangbia and 113 Ors v. The State of Ap and 4 Ors

ORDER Date : 01-03-2023 Heard Mr. C. Modi, learned counsel for the petitioners and Mr. S. Tapin, learned Senior Govt. Advocate for the State, representing all the respondents except respondent No.4. The petitioner, altogether 114 in numbers, have challenged the Notice dated

24.02.2023, issued by the EAC-cum-Estate Officer, Naharlagun, Arunachal Pradesh, vide memo. No.NLG/EAC/NH-415-B&C-01/2022, whereby it has been provided that a report has been received from the Department of PWD(Highway), Naharlagun Division that the areas near Hatimata D-Sector School, Opposite Takar Complex and daily market beside the wall of BSNL office, Naharlagun, have to be cleared for construction of 4(four)-lane road of NH-415 and all temporary structures within the right of way of NH-415 are deemed as illegal encroachers/occupants. Notice, therefore, have been issued to all the encroachers to vacate the site by 27.02.2023 1600 hrs., failing which eviction on 27.02.2023 at 18000 hrs. shall be carried out without further notice. The contention of the petitioners is that the petitioners' are street vendors of opposite Takar Complex(84 Sq.Mtr.) and BSNL Complex near Police Station(1085 Sq.Mtr.), Naharlagun. The aforesaid two areas were notified as a vending zones in terms of the Arunachal Pradesh Street Vendor(Protection of Livelihood and Regulation of Street Vending) Act, 2011(for short "Act of 2011") by the Deputy Commissioner, Itanagar Capital Complex, Itanagar, vide No.IMC/Dev-14/2013-14/Pt-I, dated 18.05.2017. The petitioners, by relying on the Street Vendors(Protection of Livelihood and Regulation of Street Vending) Act, 2014(hereinafter the "Act of 2014" for short) enacted by the Parliament, contends Page No.# 18/20 that once the vending zones has been notified, it has been provided under Section 3(3) of the aforesaid Act of 2014, that no street vendor shall be evicted or, relocated till the Town Vending Committee conducts a survey of all existing street vendors within the areas under its jurisdiction as provided under sub-section 1 of Section 3. The survey of all the existing street vendors within the areas under its jurisdiction having not been conducted by the Town Vending Committee as provided under Section 3(1), the petitioners cannot be evicted or relocated from the aforesaid vending zones at opposite Takar Complex(84 Sq.Mtr.) and BSNL Complex near Police Station(1085 Sq.Mtr.), Naharlagun as prohibited from such eviction/relocation under section 3(3) of the Act of 2014. While staying the operation of the impugned order dated 24.02.2023, this Court by an order dated 27.02.2023 had granted time to the learned Senior Govt. Advocate to receive instruction in the matter. Pursuant thereto, a notification dated 11.05.2018, published in the Arunachal Pradesh Gazette Extraordinary on 15.05.2018 has been produced before this Court, which is a notification of the act called "The Arunachal Pradesh Street Vendors(Protection of Livelihood and Regulation of Street Vending)(Repeal) Act, 2018, whereby the Arunachal Pradesh Street Vendor(Protection of Livelihood and Regulation of Street Vending) Act, 2011 has been repealed. It has further been provided that notwithstanding such repeal, all orders issued and all actions taken or purported, to have been issued or taken under the Arunachal Pradesh Street Vendor(Protection of Livelihood and Regulation of Street Vending) Act, 2011 shall be deemed to have been taken or purported to have been issued/taken under the Act of 2014(Central Act). The learned Senior Govt. Advocate has also produced before this Court, an order of this Court, dated 16.02.2022 passed in WP(C)256(AP)2021, wherein the Page No.# 19/20 similar issue(s) have been examined by this Court and on examination thereof, it has been found that under the Arunachal Pradesh Street Vendor(Protection of Livelihood and Regulation of Street Vending) Act, 2011; the Deputy Commissioner is not the authority competent to issue a notification declaring any area as a vending zone and it is, under the Act of 2011, the Town Vending Committee of the municipality/corporation, who is the competent authority to declare any area as a vending zone. In that view of the matter, since the notification dated 18.05.2017, relied on by the petitioners contending that they are street vendors at opposite Takar Complex(84 Sq.Mtr.) and BSNL Complex near Police Station(1085 Sq.Mtr.), Naharlagun, issued under the Act of 2011, by the Deputy Commissioner, who has been found to be not authorized and competent to issue such a notification declaring any area as vending zones in the writ petition being WP(C)256(AP)2021, the writ petitioners herein, cannot derive any right from the notification dated

18.05.2017, issued by the Deputy Commissioner, Itanagar Capital Complex, Itanagar. In view of the above, the saving clause that has been provided in the Repeal Act of 2018 would also not come to the aid of the writ petitioners. Thus, this Court is of the view that the petitioners herein, altogether 114 in numbers, cannot have any right to carry on the vending activities at opposite Takar Complex(84 Sq.Mtr.) and BSNL Complex near Police Station(1085 Sq.Mtr.), Naharlagun, on the strength of the notification of vending zones dated 18.05.2017, issued by the Deputy Commissioner, Itanagar Capital Complex, Itanagar. Accordingly, in the absence of any right of the petitioners to carry on the vending activities in the areas specified in the notification dated 18.05.2017, issued vide No.IMC/Dev-14/2013-14/Pt-I, by the Deputy Commissioner, Itanagar Capital Page No.# 20/20 Complex, Itanagar, no interference is called for to the impugned Notice dated

24.02.2023, issued by the EAC-cum-Estate Officer, Naharlagun, Arunachal Pradesh, vide memo. No.NLG/EAC/NH-415-B&C-01/2022. The writ petition, accordingly, stands dismissed being devoid of merit. Interim order passed earlier shall stand vacated. Notwithstanding the dismissal of the writ petition, the petitioners may approach the competent authority for notification of vending zone(s) in accordance with law. JUDGE Comparing Assistant

Page No.# 1/20 GAHC040002722023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 109/2023 1:Mejo Sangbia and 113 Ors Wife of Shri Raju Tara Resident of Near Spun Pipe Company Bora Pani Naharalgun, PO and PS Naharlagun, District Papum Pare, Arunachal Pradesh, Mobile No 9862492256 2: Tarh Yaniang D/o Late Tarh Epo (Vegetable Vendor) Resident of Dokum Colony Naharlagun Near Police Station PO and PS Naharlagun District Papum Pare Arunachal Pradesh. 3: Parmila Hajiwari Near Helipad Dokum cum Colony Naharlagun PO and PS Naharlagun District Papum Pare Arunachal Pradesh. 4: Khyoda Mary Wife of Shri Khyoda Taping Resident Barapani Naharlagun PO/PS Naharlagun District Papum Pare Arunachal Pradesh. 5: Tadar Yakio Page No.# 2/20 W/o Shri Tadar Hepik 6: Ha Yake W/o Shri Ha Tare 7: Techi Sumeh D/o Shri Ngurang Tangam. 8: Tadar Yati W/o Shri Tadar Nikam 9: Chera Neme W/o Shri Chera Rummi 10: Tadar Cheyom W/o Shri Tadar Epo 11: Nik Yassum W/o Late Nikh Taje 12: Nikh Nako W/o Shri Nikh Raju 13: Yani Duchok W/o Shri Tanga Duchok Page No.# 3/20 14: Tarh Chuma W/o Shri Tarh Rari 15: Taring Yapa W/o Late Taring Tapak 16: Ania Yangfo W/o Shri Tarh Tania 17: Tarh Kai W/o Shri Tarh Tania 18: Gopal Biswas S/o Late Girindra Biswas 19: Chera Yapu W/o Late Chera Roming 20: Misful Begum W/o Shri Misir Ali 21: Biswajit Biswas S/o Shri Khogan Biswas Page No.# 4/20 22: Nabam Yadap W/o Shri Nabam Lala 23: Krisna Saha S/o Shri Bidyobasu Sahu 24: Jarna Biswas W/o Shri Raj Kumar Biswas 25: Gollo Yaper W/o Shri Gollo Tagum 26: Nibya Yania W/o Shri Nibya Taram 27: Taba Aniya W/o Shri Taba Nara 28: Tadar Methe W/o Shri Tadar Nikam 29: Khalil Ansari S/o Shri P. Ansari Page No.# 5/20 30: Yajum Duchok W/o Shri Tanga Duchok 31: Neelam Rinu W/o Shri Neelam Tatm 32: Ampung Nabam W/o Shri Tajik Nabam 33: Nabam Byani W/o Shri Nabam Tabang 34: Rigam Yasung W/o Late Rigam Tapok 35: Nabam Shanti W/o Shri Nabam Tadam 36: Gimi Yakam Dui W/o Shri Gimi Talang 37: Yajor Dai W/o Shri Techi Mom Page No.# 6/20 38: Techi Juma W/o Shri Techi Mom 39: Teri Yahe D/o Shri Tana Teji 40: Yadang Venia W/o Shri Bangram Venia 41: Santi Nuk W/o Shri Ajit Nuk 42: Nabam Yajik W/o Shri Nabam Lali 43: Neelam Uma W/o Shri Neelam Tatam 44: Chera Yamri W/o Shri Chera Rumming 45: Chera Meena W/o Shri Chera Nikam Page No.# 7/20 46: Chera Nikam W/o Shri Chera Nikam 47: Sita Rai 48: Yajo Tachang D/o Shri Nabam Taki 49: Nabam Yario W/o Shri Nabam Lala 50: Techi Boni W/o Shri Techi Tabu 51: Takio Yama W/o Shri Takio Taling 52: Nikh Mimikh W/o Shri Nikh Taje Page No.# 8/20 53: Golo Yano W/o Shri Golo Takar 54: Nabam Yani W/o Shri Nabam Tangum 55: Techi Usha W/o Shri Techi Nida 56: Shankar Maharaj S/o Shri Bindeshwar Maharaj 57: B.S. Maharaj S/o Shri B. Maharaj 58: Ani Narzary W/o Shri Rishnu Narzary Page No.# 9/20 59: Ani Narzary W/o Shri Rishnu Narzary 60: Janani Basumatary W/o Lt. Taren Basumatary 61: Tam Finya Tar Yakia W/o Tam Tukpe 62: Tarh Yakia W/o Tarh Changlang 63: Balo Rina 64: Prafulla Baruah 65: Sarswati Devi Page No.# 10/20 66: Tai Tadum 67: Yak Baja 68: Yanu Machey 69: Tadar Roi 70: Bengia Yatak 71: Yatu Pobo 72: Krishna Boruah 73: Jeeban Mallah Page No.# 11/20 74: Mirinal Pal 75: Akavari Khatoon 76: Ekbal Hussain 77: Tarh Anu 78: Langpu Yasi 79: Habibur Rahaman 80: Tame Meena Tarh 81: Balo Maya Kara Page No.# 12/20 82: Kipa Papi 83: Haye Yaro 84: Echu Pobo 85: Rubika Cheda 86: Tadar Aji 87: Merry Gamang 88: Lakhan Das 89: Mrs Mamta Das Page No.# 13/20 90: Jelu Jeram 91: Yajia Tungi 92: Rigio Yano 93: Margang Yane 94: Mojibur Rehman 95: Yacha Mangfi 96: Gopal Chandra Dey 97: Niru Basumatary Page No.# 14/20 98: Ekaram Husain 99: Yamdo Mekum Tungi 100: MD. Habibur Rahman 101: Langpu Rupa 102: Kiakpong Kampong 103: Cheli Maya Bhujel 104: Saficul Islam 105: Taying Pinya Page No.# 15/20 106: Chandra Bdr. Nirola 107: Md. Soiqul Islam 108: Rinjin Lhamu Gyana 109: Mary Narzary 110: Likha Meenu Tania 111: Khyoda Yapa 112: Khandu Jomba