Evict illegal street vendors; allow only those with valid ID: Kerala High Court

The Kerala High Court recently ruled that only authorised street vendors with valid ID cards and vending certificates will be permitted to operate within the Kochi Municipal Corporation limits and unauthorised vendors will have to be evicted [Jamal KM v State of Kerala and ors and connected cases].Justice AK Jayasankaran Nambiar made it clear that those who do not hold a valid vending certificate and id will have to face eviction."None, including the petitioners herein, who do not hold a valid certificate of vending and photo Id card issued by the Corporation, shall be permitted to carry on vending operations within the limits of the Kochi Municipal Corporation," the Court said.The Court also directed the Municipal Corporation to shift authorised vendors currently operating in non-vending zones to allocated vending zones within three months, ensuring strict compliance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Court said..After noting that the State Government had officially notified the Street Vending Plan under Section 21 of the Act, the Court directed the Corporation to take over the regulation of street vending activities in accordance with the legislative framework.Key directives include:Authorised Vendors only: Only those vendors whose names appear in the Corporation's list and who hold valid vending certificates and photo ID cards will be permitted to operate. Unauthorised vendors will face eviction.Processing of applications: All pending and future applications for vending certificates must be processed by the Corporation in line with the Act and the notified Street Vending Plan.Monitoring Committees: The Court appointed Monitoring Committees and Jagratha Samithis will continue to function for six months or until the Corporation establishes its own regulatory mechanism.Relocation of vendors: Authorised vendors operating in non-vending zones must be relocated to the nearest vending zones within three months.The Court issued these directives to the Corporation to curb un-authorised street vending in Kochi and to ensure strict compliance with the vending regulations..The matter was brought before the Court through multiple petitions, some filed by vendors who were being prevented from continuing their business and others by resident associations objecting to the increasing presence of unlicensed street vendors.While vendors argued for their right to livelihood, resident associations and other petitioners raised concerns about unregulated vending in residential zones, leading to safety and hygiene issues.The petitions had been pending since 2019 due to delays in implementing the Act, the Kerala Street Vendors Rules and the Kerala Street Vendors Licensing Scheme, 2019.Over the past five years, the Court had issued a series of interim orders to regulate street vending in Kochi until a formal plan was in place.A key order in 2020 had directed the Kochi Municipal Corporation to identify authorised vendors and designate vending and non-vending zones in consultation with traffic police and the Greater Cochin Development Authority (GCDA).The COVID-19 lockdown in 2020 delayed implementation, but by February 2021, the Court resumed monitoring, mandating the finalisation of vendor lists and issuance of vending certificates.In July 2021, the Court formed Jagratha Samithis (vigilance committees) and by January 2022, the Court had directed the Corporation to issue provisional certificates to over 1,500 vendors along with the creation of a monitoring committee to oversee the regulation of street vending.By 18th February, 2022, the Court made it clear that vending should be restricted to areas with footpaths over 3 meters wide and limited to spaces between 15-25 square feet, ensuring pedestrian accessIn 2023, the Street Vending Plan was finally approved by the Corporation, and by July 2023, a mobile testing routine for food vendors was introduced.Two Amici Curiae were appointed by the Court - Dr KP Pradeep to assist the Court in overseeing the effective implementation of its orders and advocate A Balagopalan as convener of the Monitoring Committee constituted by the Court..[Read Judgment]