Self-employed Women's Association and Ors. vs Municipal Corporation of Ahmedabad and Ors.
- SCC1987 Supp (1) SCC 133
Ratio decidendi
The rule this decision rests on
A street vendor who has been issued a temporary license by a municipal authority is entitled in law to carry on vending at the location where they have customarily done so, until such time as alternative accommodation is provided by the authority. Where a municipal authority has collected funds from vendors for a specific purpose (here, construction of a staircase), those funds shall not be diverted to that purpose but shall instead be held in a joint account with the vendors' organization and utilized only for the welfare of the vendors in mutual consultation between the authority and the organization.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Mr. M.N. Shroff, Advocate for the Municipal Corporation has handed over a copy of the letter dated 12th December, 1986 addressed by the Director of Estates and Town Planning to the Secretary, SEWA showing that a meeting had been held on 9th December, 1986. Wherein certain decisions were taken. The CMP will stand withdrawn on the basis cf those decisions. But we would direct that the Municipal Corporation will issue to the members of SEWA certificates which will be in the nature of temporary license so that until alternative accommodation is given, these members will be entitled in law to carry on vending vegetables at a place where they have been doing so far. We are informed that out of 218 families of vegetable vendors who are covered by our order dated 16th August, 1984, 186 names have been agreed upon between the Municipal Corporation and the SEWA and so far as the remaining 32 names are concerned they will be identified as a result of mutual agreement between the Corporation arid the SEWA. If any female vegetable vendor is coming within this category of 32 persons is not available either on account of death or any other reason, a member of the family of such person will be issued certificates in the nature of temporary license within three weeks from today and shall be given benefit of the order of 16th August, 1984. If for any reason, a family is not available the Municipal Corporation may allow any other woman to carry on vending vegetables at the appointed place as a result of agreement between the SEWA and the Municipal Corporation.
2. We are informed that SEWA has already collected Rs. 200/- per member and the amount is lying with SEWA. It will be transferred in the joint account to be opened in the names of SEWA and the Municipal Corporation within 15 days from today. This amount in the joint account will not be used by the Corporation for construction of the stair case and make the necessary arrangements as directed by us on 16th August, 1984. This amount will be utilised for the purpose of welfare of these women vegetable vendors in mutual consultation between SEWA and the Corporation. The Municipal Corporation will pay to the petitioner a sum of Rs. l,000/- by way of costs.
3. The CMP is disposed of accordingly.
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