Chita Ranjan Sahoo vs State Of Odisha & Others
2023 Latest Caselaw 9093 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     W.P.(C) No.23819 of 2023


            Chita Ranjan Sahoo                          ....             Petitioner
                                      M/s. Trilochan Nanda, Advocate & Associates


                                              -Versus-

            State of Odisha & Others                      ....         Opposite Parties


                                                               Mr. YSP Babu, AGA
                                                 Mr. N.Panda-1, Advocate for BMC

                         CORAM:
                         MR. JUSTICE R.K. PATTANAIK


                                              ORDER

Order No.                                   11.08.2023

04.         1.         Heard Mr. Nanda, learned counsel for the petitioner and

Mr. Rout, learned AGA for the State besides Mr. Panda-1, learned counsel appearing for the BMC-opposite party No.4.

2. Instant writ petition is filed by the petitioner for a direction to the opposite parties and in particular, opposite party No.4 against his eviction and demolition in respect of the stall/shop situate at Market Building, Unit-2, Bhubaneswar without following due process of law and for a consequential direction to allot a stall/shop at appropriate market place on the grounds stated therein.

3. Mr. Nanda, learned counsel for the petitioner refers to Annexure-3 and a judgment of this Court in Prakash Chandra Padhi and others Vrs. State of Odisha and others 2006 (I) OLR 419 and submits that the impugned action by opposite party No.4 is illegal as it is not by following due process of law. It is also submitted that

no notice was served on the petitioner and the action is declared without making any provision to rehabilitate the petitioner.

4. Mr. Panda-1, learned counsel for opposite party No.4 referring to the counter affidavit submits that the petitioner is not permitted to use the public space inside the market area as it is a 'No Vending Zone' and therefore, rightly eviction was declared through mike announcement and as such, there has been no legality committed. While contending so, Mr. Panda-1 refers to Annexure- B/4 by drawing attention of the Court regarding the decision and steps to be taken with all possible measures for construction of a vending zone on availability of land from GA and PG Department, Government of Odisha. It is further submitted that the petitioner may apply for any such relocation, rehabilitation subject to construction of a new vending zone and eligibility for the same but in so far as the impugned action is concerned, it is justified since because the petitioner does not have any right to sit and utilize the space which is declared as 'No Vending Zone'. Furthermore, Mr. Panda-1, learned counsel for opposite party No.4 refers to a copy of the order No.47893, dated 11th October, 2022 of BMC to satisfy the Court that the market building area including the main gates has been declared as 'No Vending Zone'.

5. Considering the above facts and submission of the learned counsel for the respective parties and since opposite party No.4 has already taken measures for construction of a vending zone and having regard to the fact that the petitioner is a street vendor and considering the claim that there has been no reasonable time allowed, the Court is of the considered view that at least a breathing space allowed for him to vacate the market area and at the same time, the liberty to apply for allotment of a stall/shop or any space in the event, the new vending zone is constructed, which would rather serve the purpose and meet the ends of justice.

6. Hence, it is ordered.

7. In the result, the writ petition stands disposed of with a direction to the petitioner to vacate the schedule land situate in the market area within a fortnight from today and at the same time, allowed the liberty for him to make an application for rehabilitation or relocation at any other place near or around the market complex declared as a vending zone subject to availability and eligibility and in the event, any such request is received from him, the same shall be considered by opposite party No.4 as soon as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

8. Urgent copy of this order be issued as per rules.

(R.K. Pattanaik) Judge Balaram

Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:32:14