'We're A Country Where Clerks Become Chief Justices, Tribal Lady Becomes President': P&H High Court On Elites Belittling Small Businesses

The Punjab & Haryana High Court has frowned upon the "elite class" still following the Britishers and looking down upon their own countrymen doing small businesses.

A division bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said that we're a country of homogenous population where "a Tribal lady of a remote village can now be the President of India, and a worker from the grass-root level may reach up to the highest echelons of the administration."

The judges continued that even in the Judiciary, we have had examples of persons who worked as Munshis with lawyers and rose upto the level of Chief Justices.

It thus remarked that Judiciary has to rise itself above from the impressions which such elite class carries.

"Gone are the days when we had British Judges sitting in Courts, looking at justice to be delivered for people who rule."

These observations were made while hearing the plea filed by presidents of a market association namely, Manimajra Vyapar Mandal and residential welfare association seeking directions to evict the vendors allegedly encroaching the public path and hindering the free passage, stating in the plea that "hawkers and squatters are members of mafia."

The bench highlighted that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 was enacted to protect the street vendors, who are engaged in self-employment which alleviates urban poverty and provides affordable and convenient means of livelihood to majority of population who have shifted to the urban areas through street vending.

Referring to, Sodan Singh and others vs New Delhi Municipal Committee and others [1989 (4) SCC 155] the Court said that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as per the Preamble to protect the rights of the street vendors and to regulate street vending activities for matters connected therewith or incidental thereto.

It opined that the Act recognizes any person who would be performing the aforesaid work to be a street vendor.

Observing that the present petition, prima facie, appears to be a motivated petition with a view to use the legal forum for evicting and destabilizing the local business of the street vendors, the Court dismissed the plea with the cost of Rs. 50,000 each on both the Unions to be deposited with the Municipal Corporation, U.T. Chandigarh, for the welfare of the street vendors and their families.

Also read: Street Vendors Can't Be Labelled As Encroachers, Municipal Authority Collecting Fee From Them Should Give Social Security: P&H High Court

Mr. Hardip Singh, Advocate, for the petitioners.

Mr. Sanjiv Ghai, Advocate, for respondent nos. 2 and 3.

Title: Malkit Singh and another v. State of U. T. Chandigarh and others

Click here to read/download the order