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This is an archive article published on October 12, 2010

CJ Mukul Mudgal orders UT to find informal trade options for vendors

In an endeavour to promote avenues of self-employment in the city beautiful whereby small private entrepreneurs can benefit

In an endeavour to promote avenues of self-employment in the city beautiful whereby small private entrepreneurs can benefit and whereby the Administration can charge reasonable revenue from the “informal” sectors,Chief Justice Mukul Mudgal has asked the Administration to come up with options of informal trade for vendors. The directions were issued today during the resumed hearing of a suo motu notice taken by the Chief Justice on October 7,taking stock of the deplorable conditions on Night Food Street.

Expanding the scope of the suo motu notice taken by him,Justice Mudgal observed in a written order that the PIL raises important issues affecting the civil administration. “The opportunity of legitimate self-employment and vocation for an individual entrepreneur in the informal sector in a city like Chandigarh is illusory when the level of affluence rules out any possibility of a self-employed person in the informal sector from affording any commercial space. However,all over the world informal sectors such as the farmers’ market in Europe and hawkers in London and New York have been afforded a space which does not disturb mentally the civil administration and yet provides both affordable opportunities and affordable ware and fare to the less affluent such as the student community and relatives of patients being treated by public hospitals,” reads the order.

The division bench comprising the Chief Justice and Justice Surya Kant ruled,“In our view,to enhance the inclusive growth of Chandigarh,it would be necessary in the initial stage of not only an informal sector of hawkers and vendors of clients of food and other daily essentials to be offered legitimacy but also the intent of Chandigarh to regulate and to earn revenue from this activity so that the expenses incurred by the informal sector to operate end up in the state coffers rather than be paid as unaccounted facilitation fees to law-enforcers.”

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Advocate Atul Lakhanpal has been appointed as amicus curiae in the case. The Administration has been asked to file its response in two weeks.

“The reply should indicate alternate options for informal trade of vendors which would enable the UT to accrue revenue on a reasonable basis while ensuring that prices are kept affordable for the student community and for relatives of patients being treated by public hospitals,” the Bench ordered. The Court said in no eventuality should a compromise take place with hygenic conditions for Night Food Street.

Taking stock of a news item,the Chief Justice had on October 7 asked the Administration to respond on why the popularity of Food Street had taken a dip. “It is said that the initiative ran smoothly during the first year while the second year saw the concept going sour with rising prices pushing the dishes out of the common man’s reach. It has further been reported that kiosks had been surrendered by some of the owners on account of high rentals,” the October 7 order read.

It was further revealed in the report that in order to set up Night Food Street,the Corporation had pushed street vendors off that place and residents now have to be content with whatever the “rehri markets” of different sectors have to offer to them late at night.

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