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Chandigarh chhole-bhature vendors no longer ‘essential service providers’, SC quashes 2020 notification

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The Supreme Court on Wednesday quashed a 2020 notification issued by the Chandigarh administration which expanded the definition of ‘essential service providers’ to include vendors selling items such as chhole-bhature, fruits, vegetables and flowers outside religious places.A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh noted that the notification was issued under the extraordinary circumstances of the COVID-19 pandemic and has outlived its object, purpose and utility.”Deliberations with all concerned, including the functionaries, officers present in the Court led us to a formation of consensus with the learned amicus curiae on this specific issue. Accordingly, we quash the said notification dated July 17, 2020, extracted supra. Undoubtedly, the earlier notification would govern the field,” the bench said.The top court also directed that the shifting of licence vendors to recently identified vending zones be carried out at the earliest.”The vending zones should be made fully operational with everyday monitoring by the city officials to ensure smooth functioning along with adequate road signage in all languages of daily use… The public amenities in each of these vending zones if not already there be established forthwith, and once operational, requisite attention be paid to their upkeep.”Advertisements be placed both in print and electronic media at regular intervals informing the public of the vending zones and the timing associated therewith,” the bench said.The apex court said the process of issuance of smart cards is a welcome step that ought to be carried out swiftly for all vendors.”In order to ensure safety and security of the vendors as also the buyers visiting the vending zones, the installation of CCTV cameras must be completed within six months with adequate provision of storing the videos for a specified period of time as may be deemed fit. The authorities to consider having a helpline for the vendors and buyers with the authority in order to boost the confidence of the vendors, the security of the vending zone and also the trust of the buyers in proper regulation of the area,” the bench said.The order came on a plea seeking the eviction of street vendors from Chandigarh’s Manimajra locality.

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