18 Apr 2024  |   07:04am IST

HC orders Margao civic body to set up Town Vending Committees within 3 months

PIL accuses MMC and PWD of converting designated street vending zones into areas for setting up kiosks; last Town Vending Committee for Margao was formed in November 2016, its term expired after three years

Team Herald

MARGAO: The Bombay High Court at Goa (HC) has issued a stern directive to the Margao Municipal Council (MMC), ordering the civic body to establish the Town Vending Committee for Margao within three months from the date of the order. The HC emphasised that this committee must be operational within the specified time frame.

"In case there is any serious difficulty in complying with the above direction, MMC should comply within 15 days from today, seeking variation. This order is made because Adv Shivraj Gaonkar (counsel for the petitioner) points out that despite service of notice, MMC has not bothered to attend this proceeding," said the HC bench comprising Justices M S Sonak and Valmiki Menezes.

Savio Coutinho, convenor of NGO Shadow Council for Margao, had filed a Public Interest Litigation against the State government, MMC, and other respondents in the HC. The petitioner alleged that the MMC and PWD are unlawfully converting designated street vending zones into areas for constructing permanent kiosks and stalls, which may be licenced to vendors who do not qualify as legitimate 'street vendors' under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The petitioner argued that this undermines the purpose of the Act and renders it meaningless if authorities permit permanent structures in areas designated for mobile street vendors.

During the final arguments, Adv Gaonkar highlighted that the last Town Vending Committee for Margao was formed in November 2016, but its term had expired years ago after completing its three-year tenure. The HC also directed the State government to ensure the constitution of such committees in accordance with the rules.

The petitioner submitted official correspondence with relevant authorities, including the Margao MLA, along with plans and documents. Three key points were raised for the HC’s consideration: whether authorities can utilise designated vending zones for purposes other than facilitating street vendors, whether they were obligated to identify and certify legitimate street vendors once the vending zones were designated, and whether constructing permanent structures within these zones violates the provisions of the Street Vendors Act 2014.