Responsibility of the corporation / municipality regarding regulation of hawkers in public places

- People oriented guidance: - H.S. Patel IAS (Retd.)

I would like to point out in this column the readers' response to the recent decision of the Municipal Corporation to remove non-veg lorries on public roads / footpaths from the media and the response received from the public. GPMC Municipalities under the Gujarat Provincial Municipal Corporation Act, Municipalities under the Gujarat Municipalities Act - Municipalities and Gram Panchayats are governed under the Gujarat Panchayats Act. Roads are the most important means of transportation and transportation for any of these urban areas and as an essential service the corporation / municipality is responsible for constructing and maintaining public streets and citizens have the right to use public roads / sidewalks for pedestrian pedestrians. Due to the increasing prevalence of urbanization, the population density in cities has increased. At the same time, the number of vehicles has increased a lot. Migration from rural to urban areas has been mainly due to business and employment as well as urban infrastructure facilities and this has increased the burden on urban services (infrastructure).

With the aforesaid background, it is considered as an unauthorized pressure to keep the lorries / gallas on a permanent basis as it obstructs the traffic on public roads and sidewalks as well as obstructs the rights of the citizens. In this regard, in Municipal Corporation Act, Sections 20 and 21 have empowered the Municipal Commissioner to remove the notice without such pressure. Similarly, there are provisions in the Municipal Act and every municipal corporation / municipality has a mechanism to remove unauthorized pressure. When lorries / hawkers on public roads or sidewalks are removed, i.e. when the lorries are picked up, they are deposited in the store of the municipality, then according to the policy of each corporation, administrative charges are levied and most of such lorries are kept in the same place again. So the business of renting another lorry after picking up the lorry by established interests is now also seen for a few years now. / Permanent removal of Galla cannot be done effectively due to lack of administrative or political will.

Based on our experience as Deputy Municipal Commissioner / Municipal Commissioner, Vadodara, during our tenure, we have succeeded in removing the pressure on public roads / junctions, including Lari Galla, and all the citizens of Vadodara are aware of this. But I must state that urban management is not a matter of one day but requires sustainability as I can conclude that there is a need for constant vigilance to ensure that once Larry Galla is removed and not put in the same place again Punitive action is needed and the political rulers have a major role to play in this, with the municipal commissioner and the administration under his charge having the same political interference in this matter and therefore I urge the rulers and the administration officials Judgments have given the administration powers, including elected rulers, as well as established provisions of law. Among them Olgatelis v / s Mumbai Municipal Corporation, Nawabkhan Gulabkhan F / G Ahmedabad Municipal Corporation, Anupam Rekdi v / s Jamnagar Municipal Corporation, H.P. S. Patel (I myself) F / G Sevakaram Prabhudas Vadodara Municipal Corporation With these powerful judgments, the Supreme Court of India has established the right to pass and repass only citizens on public roads and sidewalks. At the same time, Sections 30 and 41 of the GPMC Act recognize the powers of the Municipal Commissioner to remove pressure on public roads and sidewalks without notice. The judgments also state that citizens have the right to livelihood as well as business and employment rights, meaning that they have the right to engage in business and employment legally in the right place. Contempt) is the same. The Hawking and Non Hawking Scheme is to be set up in every city as per the guidelines of the Supreme Court and the scheme has to be finalized after listening to the representations of the hawkers. The Government of India, meanwhile, enacted the 'Street Vendors Act - 2013', but there are certain provisions in this Act contrary to the earlier directions of the Supreme Court, Conflicting Provision, so that it is not implemented in the true sense of the word. The gallbladder pressure increases.

In the next article, we will explain the recent measures to remove non-wagon lorries / streets from public roads and what remedial measures should be taken to regulate the rights of citizens as well as traffic regulation on a permanent basis. Respectively