Shillong hawker eviction without vendor list breaches court order: Advocate

Special officer and senior advocate Subhasis Chakrawarty has cautioned East Khasi Hills Deputy Commissioner RM Kurbah against carrying out any eviction drive targeting hawkers from Khyndailad (Police Bazar) here, stating that such action would violate the Meghalaya High Court's order.

In a letter to the DC, Chakrawarty cited the HC's July 3 order, which instructed that a list of licensed vendors be prepared in consultation with the general secretary of the hawkers' association, local authorities, and police.

"This direction of the high court has not yet been complied with, and therefore the question of who are the unlicensed street hawkers at Khyndailad area remains undetermined. As such, if any eviction drive is carried out at this stage, it will be a clear violation of the HC's order," Chakrawarty stated, in response to the DC's July 8 letter to the CEO of the Shillong Municipal Board (SMB).

The HC had directed the special officer to oversee the preparation of a list of around 349 licensed vendors, who will be permitted to operate in the area only during specific hours — 12:30 pm to 2 pm and 7:30 pm to 9 pm — and strictly on the condition that their activities do not disrupt traffic or pedestrian movement.

The court had barred unlicensed vendors from operating in the area and had further instructed that hawkers shift to designated vending zones once such spaces are provided by the authorities.

Those who do not yet hold licenses have been advised to apply for valid permits through due process.

Chakrawarty stressed that until this court-mandated vendor identification process is completed, no distinction can be made between legal and illegal hawkers.

Therefore, any attempt to evict them prematurely would be legally untenable.

The caution comes amid indications that authorities may be considering enforcement action to remove hawkers by July 22, raising concern about compliance with court orders and the rights of street vendors.

The HC's intervention is part of a broader effort to balance urban order, traffic management, and vendor livelihoods in Shillong's congested commercial centre.