UT told to clear stand on vendors in 2 weeks

Saurabh Malik

Tribune News Service

Chandigarh, September 17

The Punjab and Haryana High Court today gave the UT Administration two weeks time to apprise the court of its stand on vendors and farhiwalas. “Needless to observe that the UT Administration shall be at liberty to call a meeting of the corporation and other authorities concerned before taking a stand in the court,” the Bench of Justice Rajan Gupta asserted.

The directions came on an appeal preferred by the Union of India against the orders passed by the courts below whereby the suit of the Sabji Mandi Farhi Welfare Association was decreed,  injuncting the UT Administration from evicting rehri/farhiwalas from footpaths where they were carrying their retail business of vegetable/fruits. Taking up the matter, Justice Gupta asserted that a co-ordinate Bench of the High Court on July 31, last year, framed certain questions to be adjudicated. Subsequently, various statements were made before the court on different dates of hearing. However, a clear stand on the issue was not forthcoming.

Justice Gupta, on August 27, asked the Deputy Commissioner, also the ex officio secretary of the UT Marketing Board, to be present before the court in person. 

Pursuant to the order, the Deputy Commissioner appeared before Justice Gupta’s Bench. 

The UT senior standing counsel, after obtaining instructions from him, submitted that he would file a detailed affidavit in light of the orders passed by the court on various dates of hearing, the situation prevailing at the site and the steps, if any, contemplated for allocation of alternative sites to the vendors and farhiwalas in Sector 26 and elsewhere in Chandigarh.

The High Court, in a related matter, had asked the Chandigarh Administration to frame a policy against encroachments at the Sector 26 grain market. 

The Division Bench of Justice Surya Kant and Justice Ajay Tewari had also directed the UT Deputy Commissioner to proceed against the encroachments in accordance with law.

Appearing before the Bench, advocate-cum-amicus curiae in the case Divya Sharma had insisted that the Sector 26 market was in bad shape. It was tough to walk through the place also because of handcart and other vendors. She said handcart vendors were being allowed illegally. The Bench had, subsequently, directed the Chandigarh Administration and the chairman of the market committee to look into the mess existing at the Sector 26 grain market.