Sunday, February 15

Evicting Shillong hawkers without vendor list violates High Court order, warns Advocate

A senior advocate has issued a strong caution to the East Khasi Hills District Administration, warning that any attempt to evict hawkers from Khyndailad (Police Bazar) without first preparing a list of licensed vendors would constitute a direct violation of the Meghalaya High Court’s directive. Special officer and senior advocate Subhasis Chakrawarty, in a formal letter to Deputy Commissioner RM Kurbah, cited the High Court’s order dated July 3, which clearly mandated that a vendor list be prepared in consultation with the hawkers’ association, local police, and relevant authorities before any enforcement action is taken.”This direction of the high court has not yet been complied with, and therefore the question of who are the unlicensed street hawkers at Khyndailad area remains undetermined,” Chakrawarty wrote. “As such, if any eviction drive is carried out at this stage, it will be a clear violation of the HC’s order.”

His letter comes in response to the Deputy Commissioner’s July 8 communication to the CEO of the Shillong Municipal Board, which hinted at possible eviction action against hawkers operating in the city’s bustling commercial hub. Reports suggest that enforcement may begin as early as July 22, sparking concern among legal experts and hawker associations alike.The High Court had earlier appointed Chakrawarty as the special officer in the matter and tasked him with supervising the preparation of a list of around 349 licensed vendors. According to the court’s instructions, only vendors on that list would be permitted to operate in Khyndailad, and that too only during two fixed time slots: 12:30 pm to 2 pm and 7:30 pm to 9 pm. Vendors were also directed not to obstruct vehicular or pedestrian traffic during these hours.

The court further barred unlicensed vendors from conducting business in the area and instructed authorities to develop designated vending zones to which hawkers would eventually be relocated. Those not yet holding a license were advised to apply through the proper legal process. However, Chakrawarty has now warned that since the court-mandated vendor identification process has not yet been completed, there is no legal basis to distinguish between licensed and unlicensed hawkers at this stage. Therefore, any eviction drive carried out before fulfilling this prerequisite would be legally untenable and contrary to the spirit of the court’s order.

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