SHILLONG: The High Court of Meghalaya on Friday ordered status quo with regards to the single bench order of the court for eviction of hawkers in the city.
During a hearing on the appeal filed by the Meghalaya and Greater Shillong Progressive Hawkers and Street Vendors Association, the division bench of the High Court enquired about the steps taken by the State government in terms of the Act of 2014.
To this, it was pointed out that the Chief Secretary has constituted a task force to deal with the matter and that a substantial number of hawkers and street vendors have been removed following the impugned order.
However, the court’s queries as regards to the constitution and meetings of the town vending committees evoked uncertain responses and the court was unable to find whether the committees were properly constituted and the tasks undertaken under the binding provisions of the law as also the orders of the courts.
During the course of submissions, the division bench also enquired about the cleanliness of the city. To this, the counsel for the Municipal Board made the submissionafter taking instructions from its Chief Executive Officer who was present in the court. The counsel submitted that “requisite instructions have been issued to the employees of the Municipal Board and garbage collection is being regularly carried out”.
In this regard, ND Chullai submitted on instructions from the Deputy Commissioner of East Khasi Hills, who was present in the court, that “situation is improving”.
“Such nature of submissions on behalf of the respondents being cursory, cryptic and of no meaning at all, we expressed reservations that the officers related with the government were seeking only to employ uncertain phraseologies rather than attending to the requisite tasks and responding categorically to the queries raised,” the court said.
When the court enquired about the opinion of the senior government advocate as also the counsel for the appellant, they indicated their reservations about the cleanliness of the city, which is supposed to be ensured by the municipal bodies.
Looking to the seriousness of the matter, the division bench permitted the counsel themselves to have a look at the relevant areas in the city before making further submissions in the matter.
The court also directed the Chief Secretary to take note of the requirements for the city’s cleanliness for which he may issue specific directions for compliance. He was also asked to take the compliance reports and make a specific report to the court.
The court also said the Chief Secretary should be free to take appropriate action against any erring officer found absent from duty and should also monitor the work of the task force and the town vending committees. The task force is expected to report to the Chief Secretary every alternative working day.
“After taking such reports and issuing further direction as considered necessary for proper implementation of the Act of 2014, the Chief Secretary should submit his comprehensive report to this Court,” the order said.
As it was pointed out during the course of submissions that a substantial number of hawkers and street vendors have been removed following the eviction order, the identification of genuine hawkers and street vendors is still a matter of uncertainty, and it was also left open for the Chief Secretary to suggest the modes and modalities for identification of genuine hawkers and street vendors, who may be entitled for rehabilitation.
The court also said the East Khasi Hills DC should survey the relevant areas and take photographs, draw an inspection report and produce the photographs along with the inspection report on the next date.
The matter has been listed after two weeks.
