Punjab and Haryana High Court Upholds Mayor-Led Appellate Authority for Street Vendors in Chandigarh

Chandigarh (Naval Kishore): The Punjab and Haryana High Court has upheld the legality of a rule that empowers a Mayor-led body to hear appeals filed by street vendors in Chandigarh. A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, while hearing a review application, dismissed the plea that questioned the validity of the 2024 notification forming an appellate authority chaired by the Mayor of the Municipal Corporation, Chandigarh.

The petitioner had argued that the Municipal Corporation lacked the jurisdiction to constitute an appellate body comprising the Mayor and two councillors as members. However, the bench ruled that the formation of the appellate authority was fully compliant with Rule 9 of the Union Territory of Chandigarh Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2015, framed under the Central Street Vendors Act, 2014.

“The impugned Rules of 2015 were duly framed by the Central Government in exercise of powers conferred under Section 36 of the 2014 Act,” the bench stated. “Moreover, Rule 9 clearly authorises the local authority to constitute an appellate authority, with the Mayor or President as Chairperson and two other members decided in a General Board meeting.”

The court also took note that the General House of the Municipal Corporation, during its 339th meeting on September 26, 2024, had formally approved the constitution of the appellate body. This authority was set up to hear appeals against the orders of the Grievance Redressal and Dispute Resolution Committee and the Town Vending Committee.

Rejecting the petitioner’s demand for a review, the bench observed that no argument had been raised earlier regarding the legality of the 2015 Rules during the batch of petitions disposed of on August 7, which meant that the issue was considered waived.

“The counsel for the petitioner failed to demonstrate any illegality in the constitution of the appellate authority under the notification dated December 20, 2024,” the court said. It concluded that the Municipal Corporation had acted “strictly in accordance with the powers vested in it by the Rules framed by the Central Government.”

The bench, finding no merit in the review petition, dismissed it in full. Additional Solicitor-General Satya Pal Jain and Neha Sharma represented the Union of India, while Sanjiv Ghai appeared on behalf of the Chandigarh Administration.