High Court stays hawkers’ eviction

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SHILLONG: The High Court of Meghalaya on Wednesday ordered an interim stay on eviction of hawkers in city till a pending writ petition in this regard is disposed of during the next hearing scheduled to be held in February next year.
However, the Court asked the hawkers not to block the main paths and to keep the areas clean.
During the hearing on Wednesday, the advocate for the petitioners H.L. Shangreiso, demanded immediate disposal of the matter since the case has been pending due to the delay in filing counter affidavits by the state respondents.
Hence, the Court imposed a fine of Rs 10,000 to the state respondents for the delay in filing counter affidavits.
The counsel for the petitioners, while seeking an interim protection said that the Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 has not been followed while evicting the footpath vendors.
Moreover, it is also unfortunate that their goods are taken away by the Municipal authority without preparing any seizure list, he said.
Justice SR Sen in his order said,” I am of the opinion that some interim protection is necessary. Hence, it is  hereby ordered that till disposal of this writ petition, no eviction drive shall follow with immediate effect. It is a settled principle of law that, what is to be done within the framework of law, should be done as prescribed by law or not at all and an endeavour shall be made to dispose of this petition after winter vacation in the month of February, 2016 only”.

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