Calcutta High Court Declines Interim Relief Against Eviction Of Hawkers From Howrah Manglahat Market

The Calcutta High Court has declined interim relief against a plea challenging the eviction of hawkers from Howrah's Mangla Haat market, a bi-weekly marketplace.

Justice Saugata Bhattacharya questioned whether the right to livelihood of the hawkers would surpass the right of the public to use the footpath, as recently held by the Supreme Court. The court also clarified that in the meantime, the police would be free to take steps as per law.

Senior Advocate Bikash Ranjan Bhattacharya submitted that the hawkers' families had been engaged in this business for hundreds of years and that it formed a part of their right to live and livelihood under Article 21. He quoted the Supreme Court case of Olga Tellis to substantiate that the right of hawkers had been fortified by the Supreme Court. 

He questioned how the police, without sanction from the Municipality, could have taken action to evict the hawkers. He further submitted that the removal of vendors without proper notice or rehabilitation was violative of the Constitution.

Additional Advocate General Billwadal Bhattacharya submitted that the hawkers had no vested right to hold shop at the aforesaid place, and that the market would lead to traffic jams, making the movement of vehicles difficult. It was submitted that the police could take steps to clear the road to ensure smooth movement of vehicles.

Upon hearing the submissions, the court directed the parties to file affidavits within three weeks and adjourned the matter.