'No Hawking Within 100 Metres': Orissa High Court Stays Construction Of Vending Zone Near Law University

The Orissa High Court has put an interim stay in the construction of a 'vending zone' near the new campus of Madhusudan Law University, Rehman Square, Jobra, Cuttack, on the ground of probable inconvenience to academic activities.

A Vacation Bench of Justice Sangam Kumar Sahoo and Justice Mruganka Sekhar Sahoo was hearing a petition seeking an immediate halt in construction work near the premier State Law University.

The petitioners vehemently opposed the ongoing construction on the apprehension that the said project has potential to further worsen the traffic congestion apart from water logging, noise pollution and affecting the academic environment.

It also highlighted that the idea of putting up such a merchandise area flies in the face of the safety and security of about 300 female students who are set to reside inside the newly-built hostels. Besides that, it shall also cripple the University and resist administration from beautifying the surrounding areas.

The petitioners further pointed out that a functional vending zone shall also cause disruption in the flow of the existing drain leading not only to severe sewerage issues but also to the violation of several authoritative orders passed by the High Court in PIL matters.

They also shed light on the fact that after the issuance notice in the matter, the construction work has been accelerated in order to render the objective of the petition infructuous. Thus, they sought an immediate stay on the same.

The Court relied on Bombay Hawkers' Union & Ors. v. Bombay Municipal Corporation & Ors (1985). wherein the Apex Court held that hawking should be disallowed within 100 metres of any educational institution.

The Commissioner appearing for the Cuttack Municipal Commissioner (CMC) sought some time for filing a counter affidavit in the matter. However, as an interim measure, the Court deemed it apposite to put a stay on the construction of vending zone.

"As an interim measure, it is directed that there shall be stay of construction work of vending zone in front of/adjacent to the boundary wall of 2nd campus of Madhusudan Law University at Rehman Square, Jobra, Cuttack till the next date. Status quo with respect to the proposed construction as on date shall be maintained by the opp. parties till the next date," it ordered.

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