Madhya Pradesh High Court
Shahpura Street Vendor Campion School … vs Municipal Corporation on 16 March, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-JBP:24132
1 WP-5378-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 16 th OF MARCH, 2026
WRIT PETITION No. 5378 of 2023
SHAHPURA STREET VENDOR CAMPION SCHOOL ROAD SAMITI AND
OTHERS
Versus
BHOPAL MUNICIPAL CORPORATION AND OTHERS
Appearance:
Shri Gaurav Maheshwari and Shri Shivansh Soni - Advocates for the
petitioners.
Shri Sanjay K. Agrawal - Senior Advocate with Shri Yashovardhan Jain -
Advocate for the respondent No.1.
Shri Ritwik Parashar - Govt. Advocate for the respondent No.2/State.
WITH
CONTEMPT PETITION CIVIL No. 3968 of 2024
SHAHPURA STREET VENDOR CAMPION SCHOOL ROAD SAMITI
Versus
MUNICIPAL CORPORATION
Appearance:
Shri Gaurav Maheshwari with Shri Shivansh Soni - Advocate for the petitioner.
Shri Sanjay K. Agrawal - Senior Advocate with Shri Yashovardhan Jain - Advocate for
the respondent No.1.
ORDER
Per: Justice Vivek Rusia
The writ petition has been filed by the petitioner seeking following reliefs:-
(i) Declare the action of the respondent No.1 of demolishing the |stalls
of petitioner vendors, and evicting the petitioners from their place ofSignature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39
NEUTRAL CITATION NO. 2026:MPHC-JBP:24132
2 WP-5378-2023
business as illegal, arbitrary, violative of fundamental rights, violative
of provisions of the Act of 2014,the Scheme of 2020, etc. and further be
pleased to declare the same as null and void; and
(ii) To issue a writ of mandamus or prohibition or in the nature of
mandamus or prohibition or any other appropriate writ, order or
direction, restraining the Respondents from creating any hurdles,
obstruction, objections etc. through its employees, –agents, officers
etc. for the petitioners to carry out and run their business; and
(iii) To issue a writ of prohibition, or in the nature of prohibition, or any
other appropriate writ, order or direction, directing the respondents not
to evict, restrain, confiscate the vendors and their belongings, from the
place of their business without following the due procedure law and
process under the provisions of the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014 and the
Madhya .Pradesh Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Scheme, 2020; and
(iv) To issue the writ of mandamus, or any other appropriate writ, order
or direction, directing the respondents to produce relevant documents
related to development of Shed/shops for vendors in the concerned
street of Shahpura; and
(v) Any other relief or reliefs that this Hon. Court deems fit and proper
in the facts and circumstances of the case may also be kindly passed.
2. The contempt petition (civil) has been filed by the petitioner for non-
compliance of order dated 29.03.2023 passed by this Court in W.P. No.5378/2024.
3. The present writ petition has been filed under Article 226 of the
Constitution of India by the petitioners’ association, namely Shahpura Street
Vendor Campion School Road Samiti, comprising of small street vendors carrying
at business at Shahpura Street, Campion School Road, Bhopal.
Facts of the case, in short, are as under:-
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39
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4. The members of the petitioners’ association have been running their
respective food stalls and small businesses at the concerned site for a long period,
in most of cases for more than 15 years. The members of petitioners have been
duly recognized by the respondent authorities and have been issued valid vendor
certificates. The vendors have also been regularly paying rent to the
respondents/authorities, possessing electricity connections in their names, and
have also obtained requisite licenses and certificates, including those under the
Food Safety laws and the Shops & Establishments Act.
5. The respondent No.1/Bhopal Municipal Corporation had itself undertaken
development of the said area as a “food street”. In the year 2016, funds were
allocated for construction of sheds and by 2017 shops/stalls were constructed and
allotted to the vendors, who thereafter continued their business therefrom in
accordance with law. On 22.02.2023, the respondent No.1/Bhopal Municipal
Corporation carried out a demolition drive at the said site and demolished several
stalls of the petitioners’ vendors. The vendors were also directed to vacate the
premises. The demolition drive was allegedly undertaken under the pretext of
removal of encroachments, despite the petitioners were authorized vendors.
Aggrieved by the action of the respondents, and in absence of any efficacious
alternative remedy, the petitioners have approached this Court in the instant
petition seeking appropriate reliefs.
6. It is pertinent to note that due to non-compliance of the interim order
dated 29.03.2024 passed by this Court in instant petition, the petitioners have filed
CONC No.3968/2024 (Shahpura Street Vendor Campion School Road Samiti Vs
Municipal Corporation), which is tagged alongwith this writ petition.
Submissions on behalf of the petitioners:
7. Learned counsel for the petitioners submits that the impugned action of
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39
NEUTRAL CITATION NO. 2026:MPHC-JBP:24132
4 WP-5378-2023
the respondents/authorities is wholly arbitrary, illegal and violative of the
fundamental rights of the petitioner vendors. It is submitted that the members of
the petitioners’ association are duly authorized street vendors, holding valid
vendor certificates issued by the respondents/authorities themselves. The vendors
have been carrying on their respective businesses at the concerned site for last
several years in accordance with law, after complying with all statutory
requirements, including payment of due rent, electricity charges and obtaining
necessary licenses.
8. Learned counsel for the petitioners further submits that the
respondent/Municipal Corporation had itself developed the area as a designated
food street and allotted spaces to the petitioner vendors after constructing sheds.
Therefore, the respondents are now estopped from treating the petitioners as
unauthorized encroachers and evicting them in such a high-handed manner. It is
contended that the demolition action dated 22.02.2023 has been undertaken
without issuance of any prior notice and without affording any opportunity of
hearing to the petitioners, which is in gross violation of the principles of natural
justice.
9. It is further submitted by learned counsel that the impugned action is in
clear contravention of the provisions of the Street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014 (in short it shall be
referred to as “Act of 2014”), particularly of Section 18, which mandates issuance
of notice and compliance with due procedure before eviction or relocation of the
street vendors. The respondents have failed to follow the statutory safeguards
provided under the Act. Learned counsel also submits that under the Madhya
Pradesh Street Vendors (Protection of Livelihood and Regulation of Street
Vending) Scheme, 2020, the authorities are obligated to ensure relocation and
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39
NEUTRAL CITATION NO. 2026:MPHC-JBP:24132
5 WP-5378-2023
rehabilitation of vendors prior to eviction. However, no such steps have been taken
by the respondents in the present case.
10. It is also argued that the arbitrary demolition and eviction have resulted
in deprivation of the petitioners’ right to livelihood, which forms an integral part of
the right to life under Article 21 of the Constitution of India. Further, the
petitioners’ fundamental right to carry on trade or business under Article 19(1)(g)
of the Constitution of India has also been infringed without any reasonable
restriction in accordance with law. He submits that unless the respondents are
restrained from taking further coercive action, the petitioners will suffer
irreparable loss and injury, as the said business is their sole source of livelihood. It
is lastly submitted that the impugned action as illegal hence, appropriate interim
protection to the petitioners vendors may be granted.
Submissions on behalf of the respondents:-
11. Learned Senior counsel appearing for the respondents submits that the
present writ petition is misconceived & devoid of merit, and it is liable to be
dismissed. It is submitted that the action undertaken by the respondent
No.1/Municipal Corporation on 22.02.2023 was in accordance with law and in
discharge of its statutory duties to remove the unauthorized encroachments from
public land and to ensure proper regulation of public spaces. Learned counsel
contends that the petitioners do not have any indefeasible or vested right to occupy
the public street in question. Mere issuance of vendor certificates or temporary
permissions does not confer any permanent right on the petitioners to continue at a
particular location, especially when such occupation obstructs public use or
violates planning and regulatory norms.
12. It is further submitted by the respondents that the respondents/authorities
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39
NEUTRAL CITATION NO. 2026:MPHC-JBP:24132
6 WP-5378-2023
are empowered under the relevant municipal laws, as well as the provisions
governing street vending, to regulate, relocate, and, if necessary, remove vendors
in the larger public interest, including maintenance of traffic flow, public safety,
and urban planning requirements. Learned counsel submits that the action was
taken as part of a broader drive against encroachments and unauthorized structures,
and the same cannot be termed as arbitrary. The petitioners have been treated in
accordance with applicable rules and policies. It is also contended that the
provisions of the Street Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 and the relevant Scheme do not create an absolute bar against
eviction, but only regulate the procedure. The respondents submit that the
necessary steps, in accordance with law, have been undertaken.
13. Without prejudice, it is also submitted by learned Senior counsel for the
respondents that in cases where relocation is feasible, the Competent Authority
may consider the case of eligible vendors in accordance with the applicable policy
and availability of space. However, the petitioners cannot insist on carrying on
business at the same location as a matter of right. Learned counsel further submits
that no fundamental right of the petitioners has been violated, as the right under
Article 19(1)(g) is subject to reasonable restrictions, and the impugned action falls
within the ambit of such permissible restrictions. It is lastly submitted by him that
no case for grant of interim relief is made out, as the balance of convenience lies in
favour of the respondents and public at large. Grant of any interim protection
would adversely affect the public interest, and writ petition deserves to be
dismissed.
14. Heard learned counsel for the parties at length and perused the record.
15. Vide order dated 27.06.2023, this Court passed a detailed order by
directing respondents to file an affidavit of the Principal Secretary, Urban
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39
NEUTRAL CITATION NO. 2026:MPHC-JBP:24132
7 WP-5378-2023
Administration and Development, to explain as to why the Committee has not
been constituted to consider the grievance of the Street Vendors. An affidavit in
the form of compliance report has been filed, according to which the Town
Vending Committee has been constituted vide order dated 01.03.2012 within the
jurisdiction of Municipal Corporation, Bhopal.
16. Under the Act of 2014, enacted by the Parliament for the welfare of the
Street Vendors, there is a provision under Section 22 for the establishment of the
Town Vending Committee by the Commissioner, Nagar Palik, Bhopal. In the
present case, vide order dated 01.03.2012, a Committee was constituted headed by
the Commissioner Nagar Nigam, Bhopal, comprising 7 members, including the
representative of Street Vendors. The State Government has also framed the Rules
called Madhya Pradesh Street Vendors (Protection of livelihood and Regulation of
Street Vending) Rules, 2017, which have been and published in the Gazette
Notification dated 24.04.2017. These Rules prescribe the complete mechanism for
the constitution of a Committee and the redressal of the grievance.
17. The Commissioner, Nagar Nigam, Bhopal, now, vide order dated
07.02.2018, has reconstituted a Committee. The said order is reproduced as
under:-
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18. Therefore, in view of the above, this petition is disposed of with liberty
to the members of the petitioners’ association to submit an objection/grievance
before the aforesaid Committee under the Act, 2014 and Rules, 2017, and the said
Committee shall consider the grievance in accordance with law and shall pass a
speaking order. Till then, any interim protection granted in favour of the petitioner
by this court shall continue.
19. The writ petition stands disposed of.
20. In view of the above, contempt petition (civil) also stands disposed of.
(VIVEK RUSIA) (PRADEEP MITTAL)
JUDGE JUDGE
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39
NEUTRAL CITATION NO. 2026:MPHC-JBP:24132
9 WP-5378-2023
Shruti
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 26-03-
2026 17:56:39