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                                                          1                                REPORTABLE

IN THE SUPRME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal Nos.4156-4157 of 2002 WITH

Civil Appeal Nos. 4161-4162 of 2002 AND

Civil Appeal Nos. 4175-4176 of 2002 AND

I.A.Nos.266-285, 288-289, 294-299, 304-309, 312-321 & 324-335 IN

Civil Appeal Nos.4156-4157 of 2002 AND

I.A.Nos.7-8 in Civil Appeal Nos. 4161-4162 of 2002 AND

I.A.Nos.16-17 in Civil Appeal Nos. 4175-4176 of 2002

Maharashtra Ekta Hawkers Union and another ... Appellants

Versus

Municipal Corporation, Greater Mumbai and others ... Respondents

O R D E R

G.S. SINGHVI, J.

1. A street vendor / hawker is a person who offers goods for sale to the public at  

large  without  having a  permanent  structure  /  place  for  his  activities.  Some street  

vendors / hawkers are stationary in the sense that they occupy space on the pavements  

or other public / private places while others are mobile in the sense that they move from  

place to place carrying their wares on push carts or in baskets on their heads.

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2. In last four decades, there has been manifold increase in the number of street  

vendors  /  hawkers  in  all  major  cities  in  the  country.   One  of  the  many factors  

responsible for this phenomena is unabated growth of population without corresponding  

increase  in  employment  opportunities.   The  other  factor  is  the  migration  of  rural  

population to the urban areas.  A large section of the rural population has been forced to  

leave their habitat because of massive acquisition of land and substantial reduction in  

the number of cottage industries, which offered source of livelihood to many people in  

the rural areas and even those living in the peripheries of the urban areas.  In recent  

past, many lakh youngsters have moved from the rural areas to the cities with the hope  

of getting permanent source of livelihood but a substantial number of them have become  

street  vendors /  hawkers because their expectations have been belied.   One reason  

which  has  contributed  to  this  scenario  is  that  unlike  other  sections  of  the  urban  

population, they neither have the capacity and strength to demand that the Government  

should create jobs for them nor do they engage in begging, stealing or extortion.  They  

try to live with dignity and self-respect by doing the work as street vendors / hawkers.  

3. The importance of street vendors and hawkers can be measured from the fact that  

millions of urban poor across the country procure their basic necessities mainly from  

street vendors / hawkers because the goods, viz., cloths, hosiery items, plastic wares,  

household items, food items, etc., sold on pavements or through push carts, etc., are  

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cheap.   The lower income groups also spend a  large proportion of their income in  

purchasing goods from street vendors / hawkers.

4. Unfortunately, the street vendors / hawkers have received raw treatment from the  

State apparatus before and even after the independence. They are a harassed lot and are  

constantly victimized by the officials  of  the local  authorities,  the police,  etc.,  who  

regularly target them for extra income and treat  them with extreme contempt.  The  

goods and belongings of the street vendors / hawkers are thrown to the ground and  

destroyed at regular intervals if they are not able to meet the demands of the officials.  

Perhaps these minions in the administration have not understood meaning of the term  

“dignity” enshrined in the preamble of the Constitution.   

5. The constant threat faced by the street vendors / hawkers of losing their source of  

livelihood has forced them to seek intervention of the Courts across the country from  

time to time.  In last 28 years, this Court has struggled to find a workable solution of the  

problems of street vendors / hawkers on the one hand and other sections of society  

including residents of the localities / places where street vendors / hawkers operate and  

delivered several judgments including Bombay Hawkers’ Union vs. Bombay Municipal  

Corporation (1985) 3 SCC 528,  Sodan Singh vs.  New Delhi Municipal Committee  

(1989)  4  SCC  155,  Maharashtra  Ekta  Hawkers  Union vs.  Municipal  Corporation,  

Greater Mumbai (2004) 1 SCC 625, Maharashtra Ekta Hawkers Union vs. Municipal  

Corporation, Greater Mumbai (2009) 17 SCC 151, Maharashtra Ekta Hawkers Union  

vs. Municipal Corporation, Greater Mumbai (2009) 17 SCC 231 (this order was passed  

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on 30.07.2004  but  was  printed  in the  journal  only in 2009)  and Gainda Ram vs.  

Municipal Corporation of Delhi (2010) 10 SCC 715, but the situation has not changed  

in last  four decades.   Rather,  the problem has aggravated because  of lackadaisical  

attitude of the administration at  various levels and the legislative instruments made  

many decades ago have become totally ineffective.     

6. In Sodan Singh vs. New Delhi Municipal Committee (supra), L.M.Sharma, J.,  

who authored the main judgment, referred to a number of precedents including Saghir  

Ahmad vs. State of U.P. AIR 1954 SC 728 and observed.

“17. So far as  right of a hawker to transact business while going from  place to place is concerned, it has been admittedly recognised for a long  period. Of course, that also is subject to proper regulation in the interest of  general  convenience  of  the  public  including  health  and  security  considerations. What about the right to squat on the roadside for engaging  in trading business? As was stated by this Court in    Bombay Hawkers’    Union   v.    Bombay Municipal Corporation (1985) 3 SCC 528   the public    streets by their nomenclature and definition are meant for the use of the  general public: they are not laid to facilitate the carrying on of private  business. If hawkers were to be conceded the right claimed by them, they  could hold the society to ransom by squatting on the busy thoroughfares,  thereby paralysing all civic life. This is one side of the picture. On the  other  hand,  if  properly  regulated  according  to  the  exigency  of  the  circumstances, the small traders on the sidewalks can considerably add to  the  comfort  and  convenience  of  general  public,  by  making  available  ordinary articles  of  everyday use  for  a  comparatively lesser  price.  An  ordinary person, not very affluent, while hurrying towards his home after  day’s work can pick up these articles without going out of his way to find  a regular market. If the circumstances are appropriate and a small trader  can do some business for personal gain on the pavement to the advantage  of the general public and without any discomfort or  annoyance to  the  others,  we  do  not  see  any  objection  to  his  carrying on  the  business.  Appreciating this analogy the municipalities of different cities and towns in  the country have been allowing such traders. The right to carry on trade or  business  mentioned  in  Article  19(1)(  g  )  of  the  Constitution,  on  street    pavements, if properly regulated cannot be denied on the ground that the  streets are meant exclusively for passing or re-passing and for no other  

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use. Proper regulation is, however, a necessary condition as otherwise the  very object of laying out roads — to facilitate traffic — may be defeated.  Allowing the right to trade without appropriate control is likely to lead to  unhealthy competition and quarrel between traders and travelling public  and sometimes amongst  the traders  themselves resulting in chaos.  The  right is subject to reasonable restrictions under clause (6) or Article 19. If  the matter is examined in its light it will appear that the principle stated in  Saghir Ahmad case (1955) 1 SCR 707:AIR 1954 SC 728 in connection  with transport business applies to the hawkers’ case also. The proposition  that all public streets and roads in India vest in the State but that the State  holds them as trustee on behalf of the public, and the members of the  public are entitled as beneficiaries to use them as a matter of right, and that  this right is limited only by the similar rights possessed by every other  citizen to use the pathways, and further that the State as trustee is entitled  to impose all necessary limitations on the character and extent of the user,  should be treated as of universal application.”

(Emphasis supplied)

In his concurring opinion, Kuldip Singh, J. made the following observations:

“33. In India there are large number of people who are engaged in the  business of “street trading”. There is hardly a household where hawkers  do not reach. The housewives wait for a vegetable vendor or a fruit seller  who conveniently delivers the daily needs at the doorstep. The petitioners  before us are street traders of Delhi and New Delhi areas. Some of them  have licences/Tehbazari from Municipal Corporation of Delhi/New Delhi  Municipal Committee but most of them are squatters. There is practically  no  law  regulating  street  trading  in  Delhi/New  Delhi.  The  skeletal  provisions in the Delhi Municipal Corporation Act, 1957 and the Punjab  Municipal Act, 1911 can hardly provide any regulatory measures to the  enormous and complicated problem of street trading in these areas.

35. Street trading being a fundamental right has to be made available to the  citizens subject to Article 19(6) of the Constitution. It is within the domain  of  the  State  to  make  any law imposing reasonable,  restrictions  in the  interest of general public. This can be done by an enactment on the same  lines as in England or by any other law permissible under Article 19(6) of  the Constitution. In spite of repeated suggestions by this Court nothing has  been  done  in  this  respect.  Since  a  citizen  has  no  right  to  choose  a  particular place in any street for trading, it is for the State to designate the  streets  and earmark the places  from where street  trading can be done.  

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Inaction on the part of the State would result in negating the fundamental  right of the citizens. It is expected that the State will do the needful in this  respect within a reasonable time failing which it would be left to the courts  to protect the rights of the citizens.”

7. In  Maharashtra  Ekta  Hawkers  Union  vs.  Municipal  Corporation,  Greater  

Mumbai (supra), which was decided on 9.12.2003, a two Judge Bench referred to the  

judgments in Olga Tellis vs. Bombay Municipal Corporation (1985) 3 SCC 545, Sodan  

Singh vs. New Delhi Municipal Committee (supra), the recommendations made by the  

Committee constituted pursuant to an earlier judgment and observed:

“10. The above authorities make it clear that the hawkers have a right  under Article 19(1)(g) of the Constitution of India. This right, however, is  subject to reasonable restrictions under Article 19(6). Thus hawking may  not be permitted where, e.g. due to narrowness of road, free flow of traffic  or movement of pedestrians is hindered or where for security reasons an  area is required to be kept free or near hospitals, places of worship etc.  There is no fundamental right under Article 21 to carry on any hawking  business. There is also no right to do hawking at any particular place. The  authorities  also  recognize  the  fact  that  if  properly regulated,  the small  traders can considerably add to the convenience and comfort of the general  public,  by  making  available  ordinary  articles  of  everyday  use  for  a  comparatively lesser  price.  The  scheme must  keep  in mind the  above  principles. So far as Mumbai is concerned, the scheme must comply with  the conditions laid down in Bombay Hawkers’ Union case (1985) 3 SCC  528.  Those  conditions  have  become  final  and  there  is  no  changed  circumstance which necessitates any alteration.”

The Court then enumerated the following restrictions and conditions subject to which  

the hawkers could do business in Mumbai:  

“(1) An area of 1 m × 1 m on one side of the footpath wherever they exist  or  on  an  extreme side  of  the  carriageway,  in such a  manner that  the  vehicular and pedestrian traffic is not obstructed and access to shops and  residences is not blocked. We further clarify that even where hawking is  

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permitted, it can only be on one side of the footpath or road and under no  circumstances  on  both  sides  of  the  footpaths  or  roads.  We,  however,  clarify that aarey/sarita stalls and sugarcane vendors would require and  may be permitted an area of more than 1 m × 1 m but not more than 2 m ×  1 m.

(2) Hawkers must not put up stalls or place any tables, stand or such other  thing or erect any type of structure. They should also not use handcarts.  However,  they  may  protect  their  goods  from the  sun,  rain  or  wind.  Obviously, this condition would not apply to aarey/sarita stalls.

(3)  There should be no hawking within 100 metres from any place of  worship, holy shrine, educational institutions and hospitals or within 150  metres from any municipal or other markets or from any railway station.  There  should be  no hawking on footbridges  and  overbridges.  Further,  certain areas  may be  required to  be  kept  free of hawkers  for  security  reasons. However, outside places of worship hawkers can be permitted to  sell items required by the devotees for offering to the deity or for placing  in  the  place  of  worship  e.g.  flowers,  sandalwood,  candles,  agarbattis,  coconuts etc.

(4) The hawkers must not create any noise or play any instrument or music  for attracting the public or the customers.

(5) They can only sell cooked foods, cut fruits, juices and the like. We are  unable to  accept  the submission that  cooking should be permitted.  We  direct that no cooking of any nature whatsoever shall be permitted. Even  where cooked food or cut fruits or the like are sold, the food must not be  adulterated or unhygienic. All Municipal Licensing Regulations and the  provisions of the Prevention of Food Adulteration Act must be complied  with.

(6) Hawking must be only between 7.00 a.m. and 10.00 p.m.

(7) Hawking will be on the basis of payment of a prescribed fee to be fixed  by BMC. However, the payment of prescribed fee shall not be deemed to  authorize the hawker to do his business beyond the prescribed hours and  would not confer on the hawker the right to do business at any particular  place.

(8)  The  hawkers  must  extend  full  cooperation  to  the  municipal  conservancy staff for cleaning the streets and footpaths and also to the  other municipal staff for carrying on any municipal work. They must also  cooperate with the other government and public agencies such as BEST  

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Undertaking, Bombay Telephones, BSES Ltd. etc. if they require to lay  any cable or any development work.

(9) No hawking would be permitted on any street which is less than 8  metres  in  width.  Further,  the  hawkers  also  have  to  comply  with  the  Development Control Rules, thus, there can be no hawking in areas which  are exclusively residential and where trading and commercial activity is  prohibited.  Thus hawking cannot be permitted on roads and pavements  which do not have a shopping line.

(10) BMC shall grant licences which will have photos of the hawkers on  them. The licence must be displayed, at all times, by the hawkers on their  person by clipping it on to their shirt or coat.

(11) Not more than one member of a family must be given a licence to  hawk. For this purpose BMC will have to computerize its records.

(12) Vending of costly items e.g. electrical appliances, video and audio  tapes and cassettes, cameras, phones etc. is to be prohibited. In the event  of any hawker found to be selling such items his licence must be cancelled  forthwith.

(13) In areas other than the non-hawking zones, licences must be granted  to the hawkers to do their business on payment of the prescribed fee. The  licences must be for a period of 1 year. That will be without prejudice to  the right of the Committee to extend the limits of the non-hawking zones in  the interests of public health, sanitation, safety, public convenience and the  like. Hawking licences should not be refused in the hawking zones except  for good reasons.  The discretion not to grant a hawking licence in the  hawking zone should be exercised reasonably and in public interest.

(14)  In  future,  before  making  any  alteration  in  the  scheme,  the  Commissioner should place the matter before the Committee who shall  take  a  decision after  considering views  of  all  concerned including the  hawkers,  the Commissioner of Police and members of the public or an  association representing the public.

(15)  It  is  expected  that  citizens  and  shopkeepers  shall  participate  in  keeping non-hawking zones/areas free from hawkers. They shall do so by  bringing to the notice of the ward officer concerned the presence of a  hawker in a non-hawking zone/area. The ward officer concerned shall take  immediate steps to remove such a hawker. In case the ward officer takes  no action, a written complaint may be filed by the citizen/shopkeeper to  the Committee. The Committee shall look into the complaint and if found  correct,  the Committee will with the help of police remove the hawker.  

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The officer in charge of the police station concerned is directed to give  prompt and immediate assistance to the Committee. In the event of the  Committee finding the complaint to be correct it shall so record. On the  Committee so recording an adverse remark re failure to perform his duty  will be entered in the confidential record of the ward officer concerned. If  more than three such entries are found in the record of an officer it would  be a ground for withholding promotion. If more than six such entries are  found in the records of an officer it shall be a ground for termination of  service. For the work of attending to such complaints BMC shall pay to  the Chairman a fixed honorarium of Rs 10,000 p.m.

(16) The scheme framed by us will have a binding effect on all concerned.  Thus, apart from those to whom licences will now be issued, no other  person/body will have any right to squat or carry on any hawking or other  business  on  the  roads/streets.  We  direct  that  BMC  shall  bring  this  judgment to the notice of all courts in which matters are now pending. We  are quite sure that the court(s) concerned shall then suitably vacate/modify  its injunction/stay order.”

8. By  an  order  dated  30.07.2004,  which  is  reported  in  (2009)  17  SCC  231  

(Maharashtra Ekta Hawkers Union vs. Municipal Corporation, Greater Mumbai), the  

Court modified order dated 09.12.2003 and permitted handicapped persons who were  

granted licence for running PCOs/Aarey/Sarita stalls to continue to run those stalls even  

in non-hawking zones with the rider that no further or new licences be granted to any  

other person.

9. The matter did not stop there.  The issue was again examined in the judgment  

reported  in (2009)  17  SCC  151  (Maharashtra  Ekta  Hawkers  Union vs.  Municipal  

Corporation, Greater Mumbai). In that case, a two Judge Bench took cognizance of  

National Policy on Urban Street Vendors, 2004 and observed:

“41. After noticing the contents of the statements in the counter, we are  happy  to  note  that  the  State  Government  is  initiating  a  process  for  implementation of National Policy on Urban Street Vendors by framing  

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regulations as envisaged in Section 10.1 of the National Policy. We hope  and  trust  that  the  State  Government will  pursue  the  matter  with  right  earnest and bring it to logical conclusion within the time stipulated.

42. We clarify that the regulations so framed by the State would be in  consonance with the aims and objects  of the National Policy to render  some sort of succour to the urban street vendors to eke out a living through  hawking.

43. We also clarify that the State Government shall frame regulations in  order  to  solve  the  problem  of  hawkers  independently  without  being  influenced by any scheme framed by us or any direction issued by this  Court  in  the  interregnum.  We  further  clarify  that  the  schemes  and  directions issued by this Court are purely temporary in nature and subject  to regulations framed by the State Government in terms of Section 10.1 of  the National Policy on Urban Street Vendors. In other words, the schemes  and directions issued by this Court shall be valid only till the regulations  are framed and implemented.”

The two Judge Bench also restrained all other Courts from interpreting its order or  

passing  any  order  touching  upon  the  subject  matter  dealt  with  by  this  Court.  

Simultaneously, hearing of the writ petitions pending before all the High Courts was  

stayed and it was ordained that if any clarification / modification is required then the  

same must be obtained from this Court.

10. In Gainda Ram vs.  Municipal Corporation of Delhi (2010) 10 SCC 715,  the  

problem was considered in the context of Delhi.  After taking cognizance of the fact  

that various committees were set up by the administration to solve the problem of street  

vendors / hawkers, the Bench referred to the National Policy on Urban Street Vendors,  

2009 (for short, ‘the 2009 Policy’), the Master Plan of Delhi, 2012, the Model Street  

Vendors  (Protection  of  Livelihood  and  Regulation  of  Street  Vending)  Bill,  2009  

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prepared  by  the  Government  of  India,  Ministry  of  Housing  and  Urban  Poverty  

Alleviation and observed:

“67. In the background of the provisions in the Bill and the 2009 Policy, it  is clear that an attempt is made to regulate the fundamental right of street  hawking and street  vending by law,  since it has been declared by this  Court  that  the right to  hawk on the streets  or  right to  carry on street  vending is part of fundamental right under Article 19(1)(g). However, till  the law is made the attempt made by NDMC and MCD to regulate this  right by framing schemes which are not statutory in nature is not exactly  within the  contemplation  of  constitutional  provisions  discussed  above.  However, such schemes have been regulated from time to time by this  Court for several years as pointed out above. Even, orders passed by this  Court, in trying to regulate such hawking and street vending, is not law  either. At the same time, there is no denying the fact that hawking and  street  vending should  be  regulated  by  law.  Such a  law  is  imminently  necessary in public interest.”

The Court also referred to the mechanism established by the Municipal Corporation of  

Delhi  for  redressing  the  grievance  of  the  street  vendors/hawkers  and  issued  the  

following directions:

“77. In view of such schemes, the hawkers, squatters and vendors must  abide by the dispute redressal mechanism mentioned above. There should  not be any direct approach to this Court by way of fresh petitions or IAs,  bypassing the dispute redressal mechanism provided in the schemes.

78. However, before 30-6-2011, the appropriate Government is to enact a  law on the  basis  of  the  Bill mentioned above  or  on the  basis  of  any  amendment thereof so that the hawkers may precisely know the contours  of  their  rights.  This  Court  is  giving  this  direction  in  exercise  of  its  jurisdiction to protect the fundamental rights of the citizens.

79. The hawkers’ and squatters’ or vendors’ right to carry on hawking has  been recognised as a fundamental right under Article 19(1)(g). At the same  time the right of the commuters to move freely and use the roads without  any impediment is also a fundamental right under Article 19(1)(d). These  two apparently conflicting rights must be harmonised and regulated by  

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subjecting them to reasonable restrictions only under a law. The question  is, therefore, vitally important to a very large section of people, mostly  ordinary men and women. Such an issue cannot be left to be decided by  schemes and which are monitored by this Court from time to time.”

11. When these appeals and applications were taken up for hearing, Shri Prashant  

Bhushan, learned counsel representing some of the street vendors / hawkers produced  

Twenty Third Report of the Standing Committee on Urban Development (2012-2013)  

prepared in the context of the Street Vendors (Protection of Livelihood and Regulation  

of Street  Vending) Bill,  2012  and submitted that  till Parliament enacts  appropriate  

legislation for protecting the rights of the urban street vendors / hawkers, the Court may  

ordain  implementation  of  the  2009  Policy  with  liberty  to  the  parties  to  approach  

appropriate judicial forums for redressal of their grievance. They and learned counsel  

representing the municipal bodies / authorities, residents and others lamented that due  

to the restrictions imposed by this Court, no other Court is entertaining the grievance  

made by the street vendors / hawkers on the one hand and the residents of various  

colonies and other people on the other hand and this is the reason why dozens of  

interlocutory applications are being filed in this Court every year in the decided matters.  

They suggested  that  the embargo placed  by this  Court  on the  entertaining of  writ  

petitions, etc., by the High Courts should be lifted and a direction be given that till the  

enactment of appropriate legislation by Parliament or any other competent legislature,  

the 2009 Policy should be implemented throughout the country.  Shri Shyam Divan,  

learned senior counsel, extensively referred to some of the precedents and submitted  

that  the Bombay High Court  should be  directed  to  specifically deal with the issue  

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related to establishment of hawking and non-hawking zones so that the residents may  

not be adversely affected due to un-regulated street vending and hawking activities in  

different parts of the city of Mumbai.  

12. Shri  Pallav  Shishodia,  learned  senior  counsel  appearing  for  the  Municipal  

Corporation of Greater Mumbai argued that the street vendors / hawkers cannot be  

allowed to occupy public spaces at each and every place and the scheme framed by the  

Corporation in compliance of the directions given by this Court does not require any  

modification. Shri Vijay Hansaria, Shri Anand Grover, learned Senior Advocates and  

Shri Sushil Kumar Jain and other learned counsel emphasized that this Court should  

direct the municipal authorities to accommodate all the street vendors / hawkers and  

stop  their  harassment,  exploitation  and  victimization  by  the  State  agencies.  Shri  

Prashant Bhushan emphasized that despite the directions given by this Court from time  

to time, including the interim order passed in relation to the street vendors / hawkers in  

Delhi, the concerned authorities are not allowing them to conduct their activities. He  

further  argued  that  the  street  vendors  /  hawkers  should  be  allowed  to  operate  in  

accordance with the provisions of 2009 Policy and the concerned authorities should  

ensure  that  everybody is  given licence  for  carrying out  his  /  her  activity.  Learned  

counsel  for  the  parties  also  suggested  that  the  decision(s)  of  the  Town  Vending  

Committees should be published on regular intervals in print and electronic media and  

the internet and the High Courts should be asked to monitor implementation of various  

provisions of the 2009 Policy.  

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13. At the conclusion of hearing, the Court  had given time to the parties  to  file  

written submissions / suggestions. On 7th August, 2013, Shri Prashant Bhushan, learned  

counsel for the applicants in IA Nos.  322-323 of 2013 and 324-325 of 2013 filed  

written suggestions. On 8th August, 2013, a written note was filed on behalf of Citizen  

Forum for  Protection  of  Public  Spaces  (CitiSpace),  which  was  allowed  to  act  as  

intervenor in the special leave petitions filed by Maharashtra Ekta Hawkers Union.  

14. We have considered the respective arguments / submissions.  Learned counsel  

for the parties are ad–idem that the orders passed by this Court from time to time have  

not solved the problems of the street vendors / hawkers and the residents of the cities of  

Delhi and Mumbai and almost every year they have been seeking intervention of this  

Court by filing interlocutory applications.  The experience has, however, shown that it  

is  virtually impossible  for  this  Court  to  monitor  day to  day implementation of  the  

provisions of different enactments and the directions contained in the judgments noted  

hereinabove.   Therefore,  it  will  be  appropriate  to  lift  the  embargo  placed  on  the  

entertaining of matters by the High Courts and we order accordingly.   Paragraph 45 of  

the  judgment reported  in  (2009)  17  SCC  151  shall  stand  modified  and  the  street  

vendors /  hawkers,   the residents and others adversely affected by street  vending /  

hawking shall henceforth be entitled to invoke the jurisdiction of the concerned High  

Courts for redressal of their grievance.

15. In Gainda Ram’s case (paragraph 78), this Court had directed that appropriate  

Government should enact a law on or before 30th June, 2011.  Once the Street Vendors  

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(Protection of Livelihood and Regulation of Street Vending) Bill, 2012 becomes law,  

the livelihood of millions would be saved and they will get protection against constant  

harassment and victimization which has so far been an order of the day.  However, till  

the needful is done, it will be apposite for the Court to step in and direct that the 2009  

Policy, of which the salient provisions are extracted below, should be implemented  

throughout the country:  

“1.8 A  centre  piece  of  this  Policy  is  the  role  of  Town  Vending  Committee (henceforth referred to as TVC) to be constituted at City/Town  level.  A  TVC  shall  be  coordinated  by  a  convener  who  should  be  nominated by the urban local body concerned. The Chairman of TVC will  be the Commissioner/Chief Executive Officer of the concerned urban local  body.  The TVC will adopt  a  participatory approach and supervise  the  entire process of planning, organisation and regulation of street vending  activities, thereby facilitating the implementation of this Policy. Further, it  will provide an institutional mechanism for due appreciation of the ground  realities and harnessing of local knowledge for arriving at a consensus on  critical issues of management of street vending activities. The TVC may  constitute,  in  collaboration  with  the  local  authority,  Ward  Vending  Committee to assist in the discharge of its functions.

1.9 This Policy adopts the considered opinion that there should not be  any cut off date or limit imposed on the number of vendors who should be  permitted to vend in any city/town, subject to registration of such vendors  and regulation through the TVC. At any time, an urban poor person can  decide that he or she would like to go to a wholesale market, purchase  some items and sell these in vending zones during permitted hours to make  an honest living. The vendor may not be subject to undue restrictions if  he/she wishes to change the trade. In order to make this conceptual right a  practically feasible right, the following would be necessary:

i) Vendor markets/outlets should be developed in which space could  be made available to  hawkers/vendors  on a  time-sharing model on the  basis of a roster. Let us say that there are 500 such vending places in about  a 100 new vendors’ markets/push cart markets/motorized vending outlets.  Let us also assume that there are 5,000 vendors who want to apply for a  vending  site  on  a  time-sharing  basis.  Then  by  a  simple  process  of  mathematical analysis,  a  certain number of days or  hours on particular  

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days could be fixed for each vendor in a vending place on a roster basis  through the concerned TVC.

ii) In addition to  vendors’  markets/outlets,  it  would be  desirable  to  promote week-end markets in public maidans,  parade grounds or areas  meant for religious festivals. The week-end markets can be run on a first- come-first-serve basis depending on the number of vending sites that can  be  accommodated  in  the  designated  area  and  the  number  of  vendors  seeking vending places. However, in order to be equitable, in case there is  a heavy demand from vendors the number of week-ends a given vendor  can be allocated a site on the first-come-first-serve basis can be restricted  to one or two in a month depending on demand.

iii) A registered vendor can be permitted to vend in designated vending  zones  without  restrictions,  especially  during non-rush  hours.  Again  in  places  like verandahs or  parking lots  in areas  such as  central business  districts,  e.g.  Connaught Place in New Delhi, vendors’  markets can be  organized  after  the  closing of  the  regular  markets.  Such  markets,  for  example, can be run from 7.30 PM to 10.30 PM as night bazaars on a  roster  basis  or  a  first-come-first-serve  basis,  with  suitable  restrictions  determined by the concerned TVC and authorities.

iv) It  is  desirable  that  all  City/Town  Master  Plans  make  specific  provisions  for  creating  new  vending  markets  at  the  time  of  finalization/revision of Master Plans, Zonal Plans and Local Area Plans.  The space reserved in such plans should be commensurate with the current  number of vendors and their rate of growth on perspective basis (say 10- 20 years) based on rate of growth over a preceding 5-year period.

This Policy attempts to address some of the above concerns, keeping the  interests of street vendors in view vis-à-vis conflicting public interests.

3. Objectives

3.1 Overarching Objective The overarching objective to be achieved through this Policy is: To provide for and promote a supportive environment for the vast mass of  urban street vendors to carry out their vocation while at the same time  ensuring that  their  vending activities  do  not  lead  to  overcrowding and  unsanitary conditions in public spaces and streets.  

3.2 Specific Objectives This Policy aims to develop a legal framework through a model law on  street  vending which can  be  adopted  by States/Union Territories  with  

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suitable  modifications  to  take  into  account  their  geographical/local  conditions. The specific objectives of this Policy are elaborated as follows:

a) Legal Status: To give street vendors a legal status by formulating an appropriate law and  thereby  providing  for  legitimate  vending/hawking  zones  in  city/town  master or development plans including zonal, local and layout plans and  ensuring their enforcement;

b) Civic Facilities: To  provide  civic  facilities  for  appropriate  use  of  identified  spaces  as  vending/hawking zones, vendors’ markets or vending areas in accordance  with city/town master plans including zonal, local and layout plans;

c) Transparent Regulation: To  eschew  imposing  numerical  limits  on  access  to  public  spaces  by  discretionary licenses, and instead moving to nominal fee-based regulation  of  access,  where  previous  occupancy  of  space  by  the  street  vendors  determines the allocation of space or creating new informal sector markets  where space access is on a temporary turn-by-turn basis. All allotments of  space, whether permanent or temporary should be based on payment of a  prescribed fee fixed by the local authority on the recommendations of the  Town Vending Committee to be constituted under this Policy;

d) Organization of Vendors: To promote, where necessary, organizations of street vendors e.g. unions /  co-operatives / associations and other forms of organizations to facilitate  their collective empowerment;

e) Participative Processes: To  set  up  participatory  processes  that  involve  firstly,  local  authority,  planning authority and police;  secondly,  associations of street  vendors;  thirdly,  resident  welfare  associations  and  fourthly,  other  civil  society  organizations such as NGOs, representatives of professional groups (such  as  lawyers,  doctors,  town  planners,  architects  etc.),  representatives  of  trade  and  commerce,  representatives  of  scheduled  banks  and  eminent  citizens;

f) Self-Regulation: To promote norms of civic discipline by institutionalizing mechanisms of  self-management  and  self-regulation  in  matters  relating  to  hygiene,  including  waste  disposal  etc.  amongst  street  vendors  both  in  the  individually allotted areas as well as vending zones/clusters with collective  responsibility for the entire vending zone/cluster; and

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g) Promotional Measures: To  promote  access  of  street  vendors  to  such  services  as  credit,  skill  development,  housing,  social  security  and  capacity  building.  For  such  promotion,  the  services  of  Self  Help  Groups  (SHGs)/Co-operatives/  Federations/Micro  Finance  Institutions  (MFIs),  Training  Institutes  etc.  should be encouraged.

4.2 Demarcation of Vending Zones The demarcation of ‘Restriction-free Vending Zones’, ‘Restricted Vending  Zones’ and ‘No-vending Zones’ should be city/town specific. In order to  ensure that the city/town master/ development plans provide for adequate  space  for street  vendors to run their activities,  the following guidelines  would need to be adhered to:

a) Spatial planning should take into account the natural propensity of street  vendors  to  locate  in certain places  at  certain times in response  to  the  patterns  of  demand  for  their  goods/services.  For  this  purpose,  photographic  digitalized  surveys  of  street  vendors  and  their  locations  should be conducted by competent professional institutions/agencies. This  is  to  be  sponsored  by  the  concerned  Department  of  State  Government/Urban Development Authority/Local Authority.

b) Municipal Authorities should frame necessary rules for regulating entry  of street  vendors  on a  time sharing basis  in designated vending zones  keeping in view three  broad categories  -  registered  vendors  who have  secured a license for a specified site/stall; registered street vendors in a  zone on a time sharing basis; and registered mobile street vendors visiting  one or the other vending zone;

c)  Municipal Authorities  should allocate  sufficient space  for temporary  ‘Vendors’ Markets’  (e.g. Weekly Haats,  Rehri Markets,  Night Bazaars,  Festival Bazaars, Food Streets/Street Food Marts etc.) whose use at other  times may be different (e.g.  public park,  exhibition ground, parking lot  etc.). These ‘Vendors Markets’ may be established at suitable locations  keeping in view demand for the wares/services of street vendors. Timing  restrictions on vending should be in accordance with the need for ensuring  non-congestion of public spaces/maintaining public hygiene without being  ad hoc, arbitrary or discriminatory. Rationing of space should be resorted  to if the number of street vendors exceeds the number of spaces available.  Attempts should also be made to provide ample parking areas for mobile  vendors for security of their vehicles and wares at night on payment of  suitable fees.

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d)  Mobile  vending should  be  permitted  in  all  areas  even  outside  the  'Vendors Markets', unless designated as ‘No-vending Zone’ in the zonal,  local  area  or  layout  plans  under  the  master/development plan  of  each  city/town.  ‘Restricted  Vending’  and  ‘No  Vending  Zones’  may  be  determined in a participatory manner. ‘Restricted Vending Zones’ may be  notified  in  terms  of  both  location  and  time.  Accordingly,  a  particular  location may be notified as 'No-vending Zone' only at particular times of  the day or days of the week. Locations should not be designated as ‘No- vending Zones' without full justification; the public benefits of declaring an  area/spot as 'No-vending Zone' should clearly outweigh the potential loss  of livelihoods and non-availability of 'affordable' and ‘convenient’ access  of the general public to street vendors.

e)  With  the  growth  of  cities/towns  in  response  to  urbanization,  the  statutory plans  of  every new area  should have  adequate  provision for  ‘Vending/hawking Zones’ and 'Vendors Markets.'

4.5.1 Town Vending Committee a)  Designation  or  demarcation  of  'Restriction-free  Vending  Zones'/  'Restricted  Vending  Zones'/No-vending  Zones'  and  Vendors’  Markets  should be  carried out  in a  participatory manner by the Town Vending  Committee, to be established at town/city level.  A TVC should consist of  the Municipal Commissioner/ Chief Executive Officer of the urban local  body as Chairperson and such number of members as may be prescribed  by  the  appropriate  Government,  representing  firstly,  local  authority;  planning authority and police and such other interests as it deems proper;  secondly,  associations  of  street  vendors;  thirdly,  resident  welfare  associations and Community Based Organisations (CBOs); and fourthly,  other  civil  society  organizations  such  as  NGOs,  representatives  of  professional groups (such as lawyers, doctors,  town planners, architects  etc.), representatives of trade and commerce, representatives of scheduled  banks and eminent citizens. This Policy suggests that the representatives of  street vendors’ associations may constitute forty per cent of the number of  the members of the TVC and the other three categories may be represented  in equal  proportion of twenty per  cent  each.  At least  one third of the  representatives  of  categories  of  street  vendors,  resident  welfare  associations  and  other  civil society organizations  should be  women to  provide a gender focus in the TVC. Adequate/reasonable representation  should also be provided to  the physically challenged in the TVC.  The  process for selection of street vendors’ representatives should be based on  the following criteria:

• Participation in membership-based organisations; and • Demonstration of financial accountability and civic discipline.

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b)  The  TVC  should  ensure  that  the  provision  of  space  for  vendors’  markets  are  pragmatic,  consistent  with  formation  of  natural  markets,  sufficient for existing demand for the street vendors’ goods and services as  well as likely increase in accordance with anticipated population growth.

c)  The  TVC should monitor  the  provision of  civic  facilities  and  their  functioning  in  Vending  Zones  and  Vendors’  Markets  and  bring  shortcomings, if any to the notice of the concerned authorities of the urban  local  body.  The TVC should also  promote  the  organisation of  weekly  markets,  festival bazaars,  night bazaars,  vending festivals on important  holidays etc. as well as take up necessary improvement of infrastructure  facilities and municipal services with the urban local body concerned.

4.5.2 The TVC shall perform the following functions:

a) Undertake periodic survey/census to assess the increase or decrease in  the number of street vendors in the city/town/wards/localities;

b) Register the street vendors and ensure the issuance of Identity Cards to  the street vendors after their preparation by the Municipal Authority;

c)  Monitor  the  civic  facilities  to  be  provided to  the  street  vendors  in  vending zones/vendors’ markets by the Municipal Authority;

d) Assess and determine maximum holding capacity of each vending zone;

e) Work out a non-discretionary system and based on the same, identify  areas for hawking with no restriction, areas with restriction with regard to  the  dates,  days  and  time,  and,  areas  which would  be  marked  as  'No  Vending Zones';

f) Set  the terms and conditions for hawking and take corrective action  against defaulters;

g)  Collect  fees  or  other  charges  as  authorized by the  competent  civic  authority;

h) Monitor to ensure that those allotted stalls/vending spots are actually  using them and take necessary action to ensure that these are not rented  out or sold to others;

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i)  Facilitate the organization of weekly markets,  festival bazaars,  night  bazaars,  vending festivals such as  food festivals to  celebrate  important  occasions/holidays including city/town formation days etc; and

j) Ensure that the quality of products and services provided to the public is  as per standards of public health, hygiene and safety laid down by the local  authority.

4.5.4 Registration System for Street Vending A  system  of  registration  of  vendors/hawkers  and  non-discretionary  regulation of their access to public spaces in accordance with the standards  of planning and the nature of trade/service should be adopted. This system  is described in greater detail below.

a) Photo Census of Vendors: The Municipal Authority, in consultation with the TVC should undertake a  comprehensive, digitalized photo census / survey / GIS Mapping of the  existing  stationary  vendors  with  the  assistance  of  professional  organisations/experts for the purpose of granting them lease to vend from  specific  places  within  the  holding  capacity  of  the  vending  zones  concerned.

b) Registration of Vendors: The power to register vendors would be vested with the TVC. Only those  who give an undertaking that they will personally run the vending stall/spot  and have no other means of livelihood will be entitled for registration. A  person will be entitled to  receive a  registration document for only one  vending spot for him/her (and family). He/she will not have the right to  either rent or lease out or sell that spot to another person.

c) New Entrants: Those left out in the photo census or wishes to take up street vending for  the first time will also have a right to apply for registration as vendors  provided they give a statement on oath that they do not have any other  means of livelihood and will be personally operating from the vending  spot, with help from family members.

d) Identity Cards: Upon  registration,  the  concerned  Municipal  Authority  would  issue  an  Identity Card  with Vendor  Code  Number,  Vendor  Name,  Category of  Vendor etc. in writing to the street vendor, through the TVC concerned  containing the following information:

(i) Vendor Code No.

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(ii) Name, Address and photograph of the Vendor; (iii) Name of any one Nominee from the family/and/or a family helper; (iv) Nature of Business; (v) Category (Stationary /Mobile); and (vi) If Stationary, the Vending Location. Children below 14 years would not be included in the Identity Card for  conduct of business.

e) Registration Fee: All vendors in each city/town should be registered at a nominal fee to be  decided by the Municipal Authority concerned based on the photo census  or any other reliable means of identification such as the use of biometric  techniques.

f) Registration Process: i)  The  registration  process  must  be  simple  and  expeditious.  All  declarations, oath, etc. may be on the basis of self-declaration.

ii)  There  should  preferably  be  no  numerical  restriction  or  quotas  for  registration, or prior residential status requirements of any kind.

iii) Registration should be renewed after every three years.  However, a  vendor who has rented out or sold his spot to another person will not be  entitled to seek re-registration.

iv)  There  may  be  a  "on  the  spot"  temporary  registration  process  on  renewable basis, in order to allow the street vendors to immediately start  their earnings as the registration process and issue of I-card etc. may take  time.

5.1 If authorities come to the conclusion in any given instance that genuine  public obstruction of a  street,  side walk etc.  is  being caused by street  vending, there should be a mechanism of due notice to the street vendors.  The vendors should be informed/warned by way of notice as the first step  before starting the clearing up or relocation process. In the second step, if  the space is not cleared within the notified time, a fine should be imposed.  If the space is not cleared even after the notice and imposition of fine,  physical eviction may be resorted to.  In the case  of vending in a 'No- vending Zone', a notice of at least a few hours should be given to a street  vendor in order to enable him or her clear the space occupied. In case of  relocation,  adequate  compensation  or  reservation  in  allotment  of  new  vending site should be provided to the registered vendors.

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5.2 With regard to confiscation of goods (which should happen only as a  last resort rather than routinely), the street vendors shall be entitled to get  their goods back within a reasonable time on payment of prescribed fee,  determined by TVC.

6.6 Allotment of Space/Stationary Stalls Stationary  vendors  should  be  allowed  space/stalls,  whether  open  or  covered, on license basis after photo census/ survey and due enquiry in  this regard, initially for a period of 10 years with the provision that only  one extension of ten years shall be provided thereafter. After 20 years, the  vendor  will  be  required  to  exit  the  stationary  stall  (whether  open  or  covered) as it is reasonably expected that the licensee would have suitably  enhanced his/her income, thereby making the said stall available for being  licensed to a person belonging to the weaker sections of society. Wherever  vending stall/vending space is provided to a vendor on a lease basis for a  certain number of years, care should be taken that adequate reservation is  made for the SCs/STs in accordance with their share in the total population  of  the  city.  Similarly,  priority  should  be  given  to  physically  challenged/disabled  persons  in  the  allocation  of  vending stalls/vending  spaces  as  vending  space  can  be  a  useful  medium for  rehabilitating  physically  challenged/disabled  persons.  Further,  a  suitable  monitoring  system should be put in place by the TVC to ensure that the licensees of  the stationary stalls do not sell/ let out their stalls.

6.7 Rehabilitation of Child Vendors To prevent vending by children and seek their rehabilitation wherever such  practice  exists,  in  conformity  with  the  Child  Labour  (Prohibition  &  Regulation) Act,1986,  the State  Government and Municipal Authorities  should undertake  measures  such as  sending the  children to  regular  or  bridge schools, imparting them skills training etc.

6.8 Promoting Vendors’ Organisations To enable street vendors to access the benefits of social security schemes  and other promotional measures in an effective manner, it is essential that  the street vendors are assisted to form their own organizations. The TVC  should take steps to facilitate the formation and smooth functioning of such  organizations  of  street  vendors.  Trade  Unions  and  other  Voluntary  Organisations should play an active role and help the street vendors to  organise  themselves  by  providing  counseling  and  guidance  services  wherever required.”

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16. For  facilitating  implementation  of  the  2009  Policy,  we  issue  the  following  

directions:

i) Within one month from the date of receipt of copy of this order, the Chief  

Secretaries  of  the State  Governments and Administrators  of the Union  

Territories shall issue necessary instructions/directions to the concerned  

department(s) to ensure that the Town Vending Committee is constituted  

at city / town level in accordance with the provisions contained in the 2009  

Policy.  For the cities and towns having large municipal areas, more than  

one Town Vending Committee may be constituted.  

(ii) Each Town Vending Committee shall consist of representatives of various  

organizations and street  vendors /  hawkers.  30% of the representatives  

from the category of street vendors / hawkers shall be women.

(iii) The representatives of various organizations and street vendors / hawkers  

shall be chosen by the Town Vending Committee by adopting a fair and  

transparent mechanism.  

(iv) The task of constituting the Town Vending Committees shall be completed  

within two months of the issue of instructions by the Chief Secretaries of  

the State and the Administrators of the Union Territories.

(v) The Town Vending Committees shall function strictly in accordance with  

the 2009 Policy and the decisions taken by it shall be notified in the print  

and electronic media within next one week.

(vi) The Town Vending Committees shall be free to divide the municipal areas  

in vending / hawking zones and sub-zones and for this purpose they may  

take assistance of experts in the field.  While undertaking this exercise, the  

Town Vending Committees constituted for the cities of Delhi and Mumbai  

shall take into consideration the work already undertaken by the municipal  

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authorities  in furtherance  of  the  directions  given by this  Court.    The  

municipal authorities shall also take action in terms of Paragraph 4.2(b)  

and (c).

(vii) All  street  vendors  /  hawkers  shall  be  registered  in  accordance  with  

paragraph 4.5.4 of the 2009 Policy.  Once registered, the street vendor /  

hawker,  shall be entitled to operate in the area specified by the Town  

Vending Committee.   

(viii) The process of registration must be completed by the municipal authorities  

across the country within four months of the receipt of the direction by the  

Chief Secretaries of the States and Administrators of the Union Territories.

(ix) The  State  Governments  /  Administration  of  the  Union Territories  and  

municipal  and  local  authorities  shall  take  all  the  steps  necessary  for  

achieving the objectives set out in the 2009 Policy.

(x) The  Town  Vending  Committee  shall  meet  every  month  and  ensure  

implementation  of  the  relevant  provisions  of  the  2009  Policy  and,  in  

particular, paragraph 4.5.1 (b) and (c).

(xi) Physically challenged who were allowed to operate PCO’s in terms of the  

judgment reported in (2009) 17 SCC 231 shall be allowed to continue to  

run their stalls and sell other goods because running of PCOs. is no longer  

viable.  Those who were allowed to run Aarey/Sarita shall be allowed to  

continue to operate their stalls.

(xii) The State Governments, the Administration of the Union Territories and  

municipal  authorities  shall  be  free  to  amend  the  legislative  provisions  

and/or delegated legislation to bring them in tune with the 2009 Policy.  If  

there  remains any conflict between the 2009  Policy and the municipal  

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laws, insofar as they relate to street vendors/hawkers, then the 2009 Policy  

shall prevail.

(xiii) Henceforth, the parties shall be free to approach the jurisdictional High  

Courts for redressal of their grievance and the direction, if any, given by  

this Court in the earlier judgments / orders shall not impede disposal of the  

cases which may be filed by the aggrieved parties.

(xiv) The Chief Justices of the High Courts are requested to nominate a Bench  

to deal with the cases  filed for implementation of the 2009 Policy and  

disputes  arising out  of  its  implementation.  The concerned Bench shall  

regularly monitor implementation of the 2009 Policy and the law which  

may be enacted by the Parliament.

(xv) All the existing street vendors / hawkers operating across the country shall  

be  allowed  to  operate  till  the  exercise  of  registration  and  creation  of  

vending / hawking zones is completed in terms of the 2009 Policy.  Once  

that  exercise  is  completed,  they  shall  be  entitled  to  operate  only  in  

accordance  with the  orders/directions  of  the  concerned Town Vending  

Committee.   

(xvi) The  provisions  of  the  2009  Policy  and  the  directions  contained  

hereinabove shall apply to all the municipal areas in the country.       

17. The aforesaid directions shall remain operative till an appropriate legislation is  

enacted by Parliament or any other competent legislature and is brought into force.

18. The parties, whose applications have remained pending before this Court, shall  

be  free to  institute  appropriate  proceedings in the jurisdictional High Court.   If so  

advised, the aggrieved person shall be free to file petition under Article 226 of the  

Constitution.

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19. All the appeals and I.As are disposed of in the manner indicated above.

20. The Registry is directed to send copies of this order to the Chief Secretaries of all  

the States, Administrators of the Union Territories and Registrar Generals / Registrars  

(Judicial) of all the High Courts, who shall place the order before the Chief Justice for  

consideration and necessary directions.

         …………………………..J.     (G.S. SINGHVI)

               ………………………….J.

              (V. GOPALA GOWDA) New Delhi; September 9, 2013.

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