The Market Committee, Chandigarh, has challenged the May 7 order of Grievance Redressal and Disputes Resolution Committee, Chandigarh (GRDRC), which allowed the applications of 29 vendors to carry out vending activities in the parking area of Sabzi Mandi, Sector 26.
In its appeal before the appellate authority under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, at the Municipal Corporation, Chandigarh, Market Committee said the order of the GRDRC chairperson — restraining the Market Committee and Municipal Corporation authorities from interfering with the vending activities of the 29 vendors, and directing the authorities to systematically arrange them in the open/parking area of Sabzi Mandi, Sector 26 — is ex facie illegal, without jurisdiction, and contrary to statutory provisions of the Street Vendors Act, 2014, and the Punjab Agricultural Produce Markets Act, 1961.
The committee argued that GRDRC has effectively declared a parking/open public utility area as a vending zone despite having no authority under law to do so. The area in question falls within the notified Market Yard governed under Sections 7 and 8 of the Punjab Agricultural Produce Markets Act, 1961, and is under the exclusive control and regulation of Market Committee. GRDRC has no jurisdiction to convert parking spaces, circulation areas, or public utility spaces into vending zones.
The committee has also sought an interim stay on the order during the pendency of the appeal. It submitted that implementation of the order during the appeal would cause serious prejudice to the appellant and adversely affect public convenience, traffic movement, sanitation, hygiene, and the smooth functioning of the wholesale market. The parking/open circulation space in Sabzi Mandi, Sector 26, is meant for visitors, purchasers, farmers, traders, and emergency movement and cannot legally be used for vending activities. If the order is allowed to operate, it will result in congestion, obstruction, and irreparable injury to public interest.
The committee further noted that the Punjab and Haryana High Court has already taken suo motu cognisance of unhygienic conditions and mismanagement in Sabzi Mandi, Sector 26, in CWP titled “Court on its own motion Vs State of UT Chandigarh and others”.
Allowing further encroachment and vending in parking/open spaces would further deteriorate the situation. If an interim stay is not granted, irreparable loss and injury will be caused to the appellant authority as well as to the general public visiting the mandi/market area.
