“Vendors Were Relocated To Remote Places”: Punjab & Haryana HC Stays Cancellation Of Street Vendors Licenses Till Appeal Is Decided
The Punjab & Haryana High Court has put a stay on the operation of the cancellation order of street vendor's licenses to run their businesses on the streets of Chandigarh till they approach the appellate authority and the plea is decided. The Street vendors had challenged the cancellation order on the ground that they were arbitrarily shifted to remote areas, affecting their livelihood and...
The Punjab & Haryana High Court has put a stay on the operation of the cancellation order of street vendor's licenses to run their businesses on the streets of Chandigarh till they approach the appellate authority and the plea is decided.
The Street vendors had challenged the cancellation order on the ground that they were arbitrarily shifted to remote areas, affecting their livelihood and in violation of the Chandigarh Street Vendors Rules, 2015.
Justice Sureshwar Thakur and Justice Vikas Suri noted that "the grievance made by the present petitioners arises from theirs being located at such remote places from where they become disabled to earn their livelihood."
The petitions were filed by the street vendors who were initially surveyed, registered, and issued provisional vending certificates under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and the Chandigarh Street Vendors Rules, 2015.
However, they were later relocated from Sector-19 to other sectors, which allegedly affected their livelihood. Despite their representations to the authorities, no relief was granted, and their vending licenses were eventually cancelled.
Counsel for the petitioners argued that the Town Vending Committee (TVC) had no power to delegate the decision-making on vending licenses to the Additional/Joint Commissioner.
The power to issue, suspend, or cancel vending certificates lies solely with the TVC, and not with the Commissioner/Additional Commissioner, he added
It was also submitted that the vendors were arbitrarily shifted to remote areas, which violated their right to livelihood.
Opposing the plea, UT Chandigarh submitted that the petitioners failed to pay vending fees despite multiple opportunities, leading to cancellation of their licenses by the TVC in its meeting on October 7, 2024.
It was further added that as per As per Chandigarh Street Vendors Rules, 2015, the Municipal Commissioner is the Chairperson of TVC, and administrative duties can be delegated to the Joint Commissioner.
After hearing the submissions, the Court opined that the TVC was the competent authority to cancel vending licenses and the process was initiated by the Additional Commissioner but ultimately approved by the TVC.
However, since the show cause notice has merged into final order passed by the Town Vending Committee, and, when the petitioner have the remedy to make a statutory appeal thereagainst. Therefore, all the grievances, as raised in the instant writ petition are available to be raised before the statutory appellate authority concerned, it added.
Consequently, the Court held that, "till then the operation of the cancellation order shall remain stayed, and, subsequently, in case an application, for an alike relief being claimed, becomes filed before the Appellate Authority, the same shall be lawfully decided within two weeks from the date of filing of the said application."
Mr. Jasbir Singh, Advocate for the petitioners.
Mr. Sanjiv Ghai, Advocate for the respondent-U.T.
Title: Puneet Sharma and others v. Union Territory, Chandigarh and others
Citation: 2025 LiveLaw (PH) 102