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Corpn directed to remove bunk shops from pavements and road margins

The Madras High Court directed the Greater Chennai Corporation to remove the bunk shops on pavements and road margins across all 15 city zones, stating that there cannot be any authorised bunk shops in these spaces.

Corpn directed to remove bunk shops from pavements and road margins
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Chennai

The division bench comprising Justice M Sathyanarayanan and Justice R Hemalatha issued the direction while dismissing a plea moved by two bunk shop owners seeking for a direction to the Corporation to authorise them.

After the Supreme Court issued a direction to give relief to street vendors, the Street Vendors (Protection of Livelihood Regulation Act), 2014, was enacted. However, the bench noted, street vending should not cause any inconvenience to the public, and pointed out that most of the bunk shops were located right on the platform that are meant for pedestrians.

“If the petitioners are permitted to locate shops on the platforms, then the pedestrians will be forced to walk on the road, which may also result in accidents, injuries and fatalities,” the bench said.

The bench also recorded the stand taken by the Greater Chennai Corporation that enumerations have also been done at all zones within its jurisdiction and the petitioners have not been identified as hawkers/vendors. That apart, the bunk shop, according to the photographs filed in support of the typed set of documents, were located right on the platform.

When the petitioners contended that proper enumeration had not been done and the appellate forum was yet to be constituted, the Corporation counsel submitted that the petitioners have not been identified as hawkers/ vendors and as encroachers, they were liable to be evicted.

Considering the submission by the counsel appearing for the petitioner that the Town Vending Committee was yet to be formed, the bench said: “As and when the committee is constituted, it is always open to the petitioners to file appeal remedy in the event of producing relevant and authenticated documents for consideration.”

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