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High Court of Karnataka

Daily Orders of the Case Number: WP 13731/2013 for the date of order 22/09/2014

Honble Justice CHIEF JUSTICE AND ASHOK B


HINCHIGERI
22/09/2014
Order in WP 13731/2013
WP No.13731/2013 &
WP No.14596/2013
1. Pursuant to the previous orders, learned counsel Mr.K.V.Narasimhan appearing for
Bruhat Bangalore Mahanagara Palike (BBMP) has placed on record, affidavit of the head of
legal cell and also submitted voluminous data which is required to be studied by learned
counsel for the petitioners.
2. Learned counsel Mr.K.V.Narasimhan pointed out that BBMP is likely to face legal and
practical difficulties in removing all the encroachments on the existing footpaths, on account
of the claim of hawkers who might have established themselves only on account of selling
their wares for a number of years at one place. Learned counsel pointed out the directions
issued by the Apex Court in Maharashtra Ekta Hawkers Union and Another v. Municipal
Corporation, Greater Mumbai and others (2014) 1 SCC 490. It was also pointed out that by
now, with effect from 05.03.2014, the provisions of the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014 (for short the Act) have come into
force and the government is required to frame a scheme within six months after due
consultation with the local authority and Town Vending Committee, for the matters provided
in Schedule-II of that Act. Having regard to that aspect of the matter, learned counsel
Mr.K.V.Narasimhan submitted that necessary procedure for making such scheme was
initiated and on 27.09.2014 a meeting is called of the officers concerned of the State
Government and the BBMP.
3. Accordingly, the earlier directions issued herein are required to be implemented keeping in
view and without violating the provisions of the Act.
Hearing is adjourned to 21.10.2014 for further order.