Hawkers in non hawking zone
DEEPAK DHAMEJA
(Querist) 23 October 2021
This query is : Resolved
In our area there has been non hawkers zone declared 2002 but some vegetable and other vendors using this space/road prior 1995 & suppose in the year 1995 there were 20 vendors but in today's date they are more than 100 in this area some shopkeepers are getting rent from these hawkers and they have given permission to them to sell their vegetables in front of their shops.They are using this road after municipal hours that's 4-5pm because these illegal hawkers know very well that once municipal hours are over they will become free and do their business without any hurdles from local body. GR has been passed in this matter in the year 2002 that it's non hawkers zone and after municipal working hours I want to know who is responsible after municipal hours to remove these hawkers?
Now I wanted to know from your side that what are the legal consequence of transaction which is being made between vendors and shopkeepers who are getting money against using of public road which is public property please guide me under which acts they will get punished .
Dr J C Vashista
(Expert) 24 October 2021
Repetition of same story would not change the opinion and advise of experts, who have adequately obliged you earlier at https://www.lawyersclubindia.com/experts/regarding-my-shop-hawkers-outside-shop--735126.asp
However, it is ridiculous and absurd to repeat the query.
DEEPAK DHAMEJA
(Querist) 24 October 2021
sir both queries are diffrent in nature just go through it before commeniting
P. Venu
(Expert) 24 October 2021
It is the responsibility of the Municipality to enforce its own norms. However, most of the people are resorting to hawking due to their compulsions in making a decent living and as such, the Municipality has its own constraints in strict and ruthless implementation.
K Rajasekharan
(Expert) 24 October 2021
The three prominent authorities who can act on this issue are : the municipal body who has all the powers to enforce its regulation, the District Magistrate who has the power to remove nuisance and obstructions in any public place under Section 133 etc of the CrPC, and the civil court, including the High Court, which has the power to declare the right of any party in a disputed issue.
