Authorities failing to tackle ‘rampant encroachment,’ says High Court

Kolkata: The Calcutta High Court on Wednesday dismissed a writ petition concerning eviction of hawkers on GT Road, Chandannagar, observing that encroachment is rampant throughout the state with the authorities unsuccessful in tackling the issue.

The Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya was approached with a writ petition by a society which sought implementation of the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act 2014.

The court was informed that the president of the society that moved the petition is the president of a hawkers’ union. Further, a notice was served under Section 10 (1) of West Bengal Highways Act which deals with removing encroachment on highways. Such notices were served to private individuals. The counsel for the society submitted that the petition does not deal with any objections to such a notice but prayed for the implementation of the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act 2014. During the hearing, the CJ said that despite the state issuing directions the hawkers are defying law and ‘gheraoing’ police, putting women and children in front. Addressing the counsel for the society, CJ remarked: “You will encroach on footpaths, highways, National Highways…everywhere”.

Disposing the petition, the court observed: “The petitioner, a society, prays for implementation of Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act 2014 all over West Bengal. In the writ petition are certain annexures which includes notices by highways authority for removal of encroachment on GT Road, Chandannagar etc. It is not clear as to whose cause the writ petitioner society is canvassing.”

Further, the court said: “The court can take judicial notice of the fact that encroachment is rampant throughout West Bengal. Despite directives by this court and action being taken by various local bodies, the authorities are unsuccessful in freeing the encroachments. Thus, we find some hidden agenda behind this writ petition probably with a view to stall the eviction process. Therefore, we find such a sweeping direction sought for by a petitioner society cannot be granted…”