The Calcutta High Court has been moved by an advocate through a Public Interest Litigation (PIL) alleging that authorities in West Bengal are preparing to carry out large-scale eviction of street vendors across the State without complying with the mandatory safeguards under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

The petitioner, claiming to be a public-spirited citizen and social worker, has sought judicial intervention apprehending that State authorities intend to forcibly remove street vendors from their established vending zones and sites "in a brazen, arbitrary and wholly illegal manner", without following the statutory procedure prescribed under the 2014 Act.

According to the plea, thousands of street vendors—mostly poor and marginalised persons earning their livelihood by vending on streets, lanes, footpaths, sidewalks and other public places—are likely to be deprived of their only source of income if the proposed eviction drives are undertaken without adherence to law.

The petition submits that these vendors squarely fall within the definition of "street vendor" under Section 2(1) of the Street Vendors Act and have been carrying on vending activities at their respective locations for several years. It contends that they possess a legitimate expectation that the State would protect their livelihood in accordance with the statutory framework enacted specifically for their welfare.

The PIL alleges that the respondent authorities have failed to discharge several mandatory obligations under the Street Vendors Act, 2014. It points out that no comprehensive survey of street vendors has been conducted under Section 3 of the Act, Town Vending Committees have not been constituted as required under Section 22, no street vending plans have been prepared under Section 21, certificates of vending have not been issued under Section 4, and authorities have failed to comply with Section 27, which prohibits harassment of street vendors by police and other authorities.

The petitioner argues that in the absence of these statutory prerequisites, any coercive eviction or demolition drive would be illegal and contrary to the protections guaranteed by Parliament under the 2014 Act.

Expressing apprehension of imminent action, the plea states that arbitrary eviction would result in street vendors losing their sole means of livelihood, with their goods and wares liable to be seized or destroyed, causing irreversible hardship to economically vulnerable sections of society.

The petition further contends that as a welfare State, the government is under a legal obligation to ensure proper rehabilitation and alternative arrangements for street vendors before resorting to any eviction exercise. It submits that forcible dispossession without rehabilitation would be contrary to both the mandate of the Street Vendors Act and the constitutional guarantee of livelihood under Article 21.

The PIL accordingly seeks directions restraining the respondent authorities from evicting or dispossessing street vendors from their existing vending sites except in strict compliance with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, including completion of the statutory survey, constitution of Town Vending Committees, issuance of vending certificates, and formulation of rehabilitation measures before any eviction is undertaken.

Case: Urbasi Banerjee (Bhattacharyya) v the State of West Bengal & ors.

Case No: W.P.A. No. 289 of 2026