Sri Krishna Rajendra Foot Path Vegetable And Generalmerchants Association vs The State Of Karnataka & Ors.

The petitioner is a Society registered under the Karnataka Societies Registration Act, 1960. The petitioner asserts that it espouses cause of more than 309 Street Vendors [its Members] who have been vending in the K.R. Market Area, Bengaluru. The petitioner asserts rights in its members not to be disturbed from the present place based on the orders of this Court on 27.08.2019 in W.P.No.31346/2019 [LB-BMP] and W.P.No.34776-35083/2019.

The petitioner has filed these petitions for directions to the respondents to consider its representation dated 16.04.2012 and not to dispossess its members until there is a decision on this representation. This Court, taking on record the submissions on behalf of the Bruhat Bengaluru Mahanagara Palike [now Greater Bengaluru Authority (GBA)], has disposed of these writ petitions by an order which reads as under:

Sri Syed Peer Ulla Sha Khadri, the learned counsel for the petitioner, submits that the petitioner has a right to livelihood and that cannot be disturbed unless there is due consideration of the representations and that it is not even the respondents' case that there is any consideration in terms of this Court's afore order. When queried, the learned counsel for the petitioner is categorical in stating that none of its members have been issued with the Street Vending Certificate as envisaged as required both under the provisions of the Street Vendors [Protection of Livelihood and Regulation of Street Vending] Act, 2014^{11.This Act in the course of this order is referred to as, ‘the Act of 2014’.} and the Karnataka Street Vendors [Protection of Livelihood, Regulation of Street Vending and Licensing] Scheme, 2020^{22.This Scheme in the course of this order is referred to as, ‘the Scheme of 2020’}.

This Court, on 06.08.2026, has called upon the Joint Commissioner, Bengaluru Central City Corporation to file a report on whether the petitioner's members occupy any area within the K. R. Market Area or a footpath and if they are occupying any area within the K.R. Market Area or on the footpath, the circumstances under which they could be relocated or asked to cease their business. In compliance the Joint Commissioner of Bengaluru Central City Corporation has stated the following.

The Joint Commissioner, Bengaluru Central City Corporation has essentially stated that the continued occupation of the area marked for vehicular movement obstructs ingress and aggress with potential to result in traffic congestion, accidents and serious public safety issues especially during peak business hours.

This Court must also observe that some of those who assert that they have occupied an open space around the quadrangle within the K.R. Market Area^{33.The petitioner asserts that its members occupy spaces other than this open space around the quadrangle.} have also approached this Court in W.P.No.21384/2026 [LB-BMP]. On behalf of GBA/its officers it is stated before this Court in such proceedings that the Temporary Town Vending Committee, as is required both under the Act of 2014 and the Scheme of 2020, has begun the process of identifying vending areas in different assembly constituencies around the K.R. Market Area and that the exercise of issuing Street Vending Certificates after identifying areas for re-locating the street vendors will be completed within a timeline.

The institution and the outcome in W.P.No.31346/2019 [LB-BMP] and W.P.No.34776-35083/2019 satisfy this Court that the petitioner has been espousing the cause of its members for years to protect their vending activities within certain portions of the K. R. Market Area. If these members, who have been vending for long but do not occupy [i] Footpath/s around the K R Market Area or [ii] the Open Area around the quadrangle in the K R Market Area which is being examined in W.P.No.21384/2026 [LB-BMP], are to be evicted, it must be in a reasonable manner rather than in an abrupt manner. Further, if the Temporary Street Vending Committee is in the midst of an exercise to identify street vending areas and issue Street Vending Certificates under Act of 2014 and Scheme of 2020, it must be expedited and it should also be open to the petitioner’s members to participate in such exercise to be issued with Certificates.

This Court recognises the rights of the petitioner’s members for these limited purposes observing that this right cannot be inferred in those who occupy [i] Footpath/s around the K R Market Area^{44.In view of the direction of the Apex Court to the authorities to ensure that all the footpaths are cleared of encroachments.} or [ii] the Open Area around the quadrangle in the K R Market Area which is being examined in W.P.No.21384/2026 [LB-BMP]. However, the balance of interest must also be ensured with the authorities stating that some of the petitioner's members block areas which are used as access for vehicular movement including Ambulances, Fire Extinguishers and Goods Vehicles for loading and unloading.

The petitioner's members will have to ensure that there is undisturbed access to Ambulances, Fire Extinguishers and Goods Vehicles for loading and unloading and the authorities must be reasonable rather than taking a broad sweeping action to remove everybody under this ground. It is needless to observe that none of the petitioner's members shall be entitled to construct temporary or permanent structures. In the light of the afore, the following:

[A] The petition stands disposed of directing the Joint Commissioner, Bengaluru Central City Corporation to ensure that the petitioner's members, who have been vending there from 2018-2019 but do not occupy [i] Footpath/s around the K R Market Area or [ii] the Open Area around the quadrangle in the K R Market Area which is being examined in W.P.No.21384/2026 [LB-BMP], are identified and are permitted to occupy such places which would ensure minimal obstruction to the vehicular access.

[B] If the Joint Commissioner, Bengaluru Central City Corporation permits any member of the petitioner to vend in terms of the direction above, such permission shall be valid only until exclusive vending spaces are identified in the four assembly constituencies around the K. R. Market Area and the Street Vending Certificates are issued under the Act of 2014/ Scheme of 2020.

[C] The petitioner's members will be at liberty to file an application with the Temporary Street Vending Committee for issuance of Street Vending Certificates and as part of the ongoing exercise, the Temporary Street Vending Committee must ensure that those applications are also considered based on the terms of the Scheme of 2020 and a decision is taken.

[D] It is needless to observe that none of the petitioner's members shall be entitled to construct temporary or permanent structures.