The Calcutta High Court on Wednesday refused to grant interim protection to hawkers operating at the historic Manglahat market in Howrah, clearing the way for continued police action aimed at keeping roads and pavements clear.
Justice Saugata Bhattacharyya rejected a petition from the Howrah Hawkers’ Samity, which had sought a restraining order to prevent police from evicting traders and disrupting their businesses. The court observed that the association failed to establish a prima facie right to earn a livelihood by blocking public thoroughfares.
State Cites Traffic Obstruction
During the hearing, state representative Suryaneel Das argued that the police are duty-bound to maintain clear roads. He stated that the twice-weekly market, located in the central district of Howrah, blocks vital thoroughfares and leads to major traffic congestion.
Association Defends Right To Work
Representing the hawkers, lawyer Bikash Ranjan Bhattacharya argued that earning a livelihood through hawking is a fundamental constitutional right. He pointed out that the Howrah Municipal Corporation had not served any formal eviction notices to the market’s traders.
While acknowledging that authorities could impose reasonable restrictions on the century-old market, the petitioner’s counsel maintained that the Hawkers’ Vending Act protects the traders from being entirely evicted.
Affidavit Timeline Set
The court determined that the dispute requires a detailed examination of written arguments before a final decision can be reached. Justice Bhattacharyya directed the state and municipal authorities to file their affidavits in opposition within two weeks.
The hawkers’ association has been granted an additional week after that to submit its response.
