Municipality's high-handed actions in destroying perishable goods without sanitary certification held illegal.
Kerala High Court Upholds Fundamental Rights of Street Vendor, Orders Compensation for Municipality's Arbitrary Actions. Chavakkad Municipality's Unauthorized Seizure and Destruction of Vendor's Property Deemed High-Handed; Court Orders Return of Seized Items and Financial Compensation
In a significant ruling, the Kerala High Court has affirmed the fundamental rights of street vendors, emphasizing procedural fairness and the right to livelihood under the Constitution of India. The court condemned the actions of the Chavakkad Municipality for their arbitrary and high-handed seizure of a street vendor's property, ruling that such actions were in blatant violation of statutory safeguards and fundamental rights.
The petitioner, Nisham, a fishmonger operating within the jurisdiction of Chavakkad Municipality, faced seizure of his four-wheel cart, electronic weighing scales, and approximately 82 kilograms of fish by municipal authorities. The municipality justified its actions citing obstruction complaints and health concerns, but failed to follow due process as mandated by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the Kerala Street Vendors Scheme, 2019.
Justice Mohammed Nias C.P., presiding over the case, highlighted that the municipality's actions breached Articles 14, 19(1)(g), 21, and 300-A of the Constitution, which protect the right to equality, to practice any profession, and to life and personal liberty, including the right to livelihood. The court found that the municipality's failure to prepare an inventory, obtain necessary sanitary certifications, and follow prescribed procedures amounted to an abuse of power and a violation of natural justice principles.
Despite the municipality's defense citing powers under Sections 476 to 482 of the Kerala Municipality Act, 1994, the court underscored that these provisions do not supersede the procedural requirements outlined in the Street Vendors Act and Scheme. The court emphasized the necessity of adhering to Regulation 16 of the 2019 Scheme, which mandates the preparation of an inventory and the opportunity for vendors to reclaim seized goods.
In a decisive judgment, the court ordered the municipality to return the seized cart and weighing scales to Nisham and awarded a total compensation of Rs. 30,000, comprising Rs. 15,000 for the destroyed fish and an additional Rs. 15,000 for the violation of fundamental rights. The court directed that these amounts be recovered from the officials responsible for the wrongful actions.
This ruling reinforces the protective measures for street vendors under Indian law, ensuring that municipal bodies adhere to statutory obligations and respect the fundamental rights of individuals engaged in lawful occupations.
Bottom Line:
Actions of Municipality violating procedural safeguards under Street Vendors Act, 2014 and Kerala Street Vendors Scheme, 2019 result in breach of fundamental rights, including right to livelihood under Article 21 of the Constitution of India. Compensation awarded for high-handed and arbitrary actions.
Statutory provision(s): Articles 14, 19(1)(g), 21, and 300-A of the Constitution of India, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Kerala Street Vendors Scheme, 2019, Kerala Municipality Act, 1994 Sections 476 to 482, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497.
Nisham v. Chavakkad Municipality, (Kerala) : Law Finder Doc Id # 2796747
