HC evolves new scheme for hawking in Chennai City
Chennai, Apr 6 (UNI) Madras High Court today evolved a new scheme for regulating hawking in Chennai city.
Passing interim orders on a batch of petitions from Hawkers Federation and others, a division bench comprising Chief Justice A P Shah and Ms Justice Prabha Sridevan said the new scheme would come into immediate effect.
The bench evolved the scheme number one after taking into account the report submitted by Mr Justice J Kanagaraj Committee as also the alternative and suggestions made by the Chennai Corporation Commissioner.
Since the implementation of the scheme was likely to take a minimum of six months, the bench directed the state government not to transfer the present Chennai Corporation Commissioner from the post without prior permission from the court.
As per the scheme wherever improvement to the existing markets are not necessary the scheme will be implemented on or before June 30,2006, which will be the first notified date. Wherever improvements to the existing markets are necessary, the scheme will be implemented on or before October 31, 2006, the bench added.
The bench said the corporation was directed to start the tender process in respect of construction/improvement of the existing markets notwithstanding the model code of conduct issued by the Election Commission. However, the tenders are not to be awarded until the elections are over.
Alternative sites will be demarcated between the date of scheme and the first notified date wherever improvements to the markets are not involved.
Identity Cards (ID) will be issued to all existing enumerated hawkers. The process of identification wherever it was not done will be completed by the implementation committee and ID cards will be issued to the existing hawkers between the date of the scheme and the first notified date. The remaining hawkers will be given ID cards and they will be allotted earmarked space in the market. All the enumerated existing hawkers will apply for and obtain license from the corporation for the specified areas on and from the first notified date. Only hawkers with ID cards can carry on the business in the specified area covered by the scheme. All other hawkers shall be deemed as unauthourised persons and they will be summarily removed without prior notice, the bench added.
The bench said in case of any lessees need to vacate the space for the implementation of the scheme, they will be reallotted space in the improvement/new market area within specified period before the second notified date. For that purpose, the lessees will extend cooperation to the corporation in the implementation of the scheme, the bench added.
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