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Meghalaya High Court intervenes over ‘eviction drive’, directs to follow law

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Shillong, July 3: The Meghalaya High Court has intervened in the ongoing eviction drive of hawkers in the Khyndailad (Police Bazar) area, directing the local and police authorities to follow due process of law.

The hawkers’ association had moved an application alleging forced eviction without providing alternative vending space.

In its order passed after hearing a PIL on Thursday, the division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh appointed Senior Advocate Subhasis Chakrawarty as Special Officer to oversee the implementation of its directions.

“Above all, the Special Officer with his vast knowledge, experience, maturity and tact shall ensure that our orders in this public interest litigation are implemented without any breach of peace or commission of any offence,” it said.

The bench also directed the Special Officer to prepare a list of authorized and licensed vendors, stated to be around 349, in consultation with the Hawkers’ Association and local authorities.

The court directed that licensed vendors will be allowed to vend merchandise in the Police Bazar area for limited hours (12:30 pm to 2 pm and 7:30 pm to 9 pm), subject to their undertaking not to exceed the time limit and disrupt traffic flow or human movement. Unlicensed vendors will not be allowed to sell goods in the area.

“The Special Officer along with the General Secretary of the Association, the local and police authorities will see to it that these unlicensed vendors do not vend any kind of goods in the above area. If there is breach, then the Special Officer along with the local and police authorities shall not allow any vendor to sell merchandise in the said area,” it stated while adding “The General Secretary of the Association also undertakes to this Court and shall ensure that as and when the alternative vending place is provided by the local authority to any vendor, he will immediately shift. If he does not then he shall be liable to be evicted from the place of vending immediately.”

The court also directed that hawkers will shift to alternative vending areas once provided by the local authority, and other hawkers can apply for valid licenses.

“Other hawkers shall be free to make applications before the appropriate authorities to obtain a valid licence which may be considered by those authorities in accordance with law. On obtaining a report from those authorities regarding those applications this Court will consider taking further action
regarding them.”

The Special Officer will ensure peaceful implementation of the court’s orders and submit a report by August 5, 2025.

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