Problem Of Illegal Occupation Of Road Space And Footpath Continues: Meghalaya High Court Seeks Report

The Meghalaya High Court has sought a report from the State Government on actions taken by it under Meghalaya State Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2023.

The Court was considering two Public Interest Litigations involving identifying street vending areas, relocating areas permitted to be used for street vending, regulation of traffic in general, allocating and relocating parking spaces, clearance of as much road area as possible to allow free movement of vehicles and overall implementation of policies and plans to make the capital of Meghalaya-Shillong region, a modern, clean and well administered city.

The division bench of Chief Justice I. P. Mukerji and Justice W. Diengdoh observed, "We adjourn these petitions till 3rd July, 2025. By 1st July, 2025, the respondents-State shall file an affidavit showing action taken in terms of our order and the above scheme and circulate a copy thereof to the Advocate-on-Record for the petitioner. In the said report, the State might also deal with the statements made in the affidavit filed by the petitioner today."

The Petitioners were represented by Advocate T. Dkhar, Advocate N. Syngkon while the Respondents were represented by Government Advocates K. P. Bhattacharjee.

The Court observed that there is some substance in the statements made in the affidavit filed by the government as per its previous order.

"It appears that although the government has taken steps for registration of authorised vendors, identification and allocation of vending zones with a plan for erection of several hundred stalls and adopted the policy to relocate these vendors to those vending zones, the scheme, christened Meghalaya State Vendors (Protection of Livelihood and Regulation of Street Vending) Scheme, 2023 has not been implemented. As a result, the problem of illegal occupation of road space and footpath and congestion continues. Special danger is caused to school going students who are unable to use the footpath and are compelled to walk on the road exposing themselves to traffic accidents," the Court observed.

Noting the Government Counsel's submission that the government is keen to implement the above policy and scheme expeditiously, the Court granted a chance to them to carry out our order and the commitments expressed in its report.

The Petition was accordingly adjourned.

Cause Title: Philip Khrawbok Shati vs. Andrew Aibok Jyrwa

Appearances:

Petitioners- Advocate T. Dkhar, Senior Advocate H.L. Shangreiso, Advocate N. Syngkon, Advocate L. Phanjom

Respondents- Government Advocate K. P. Bhattacharjee, Senior Advocate S.P. Mahanta, Advocate M. Lyngdoh, Advocate K. Gurung, Advocate E. Lalsangluaia, Advocate Mr. Philemon Nongbri, Government Advocate K.P. Bhattacharjee, Advocate E. Lalsangluaia, Advocate Philemon Nongbri.

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