No plans to evict BC Roy Market hawkers: State tells High Court
Kolkata: The state government has informed the Calcutta High Court through affidavit that it presently does not intend to evict the rehabilitated hawkers from their present occupancies in the precincts of Dr. B.C. Roy Market at Esplanade.
The bench of Justice Partha Sarathi Chatterjee was moved by some of the BC Roy market hawkers appealing for a restraining order against the state from interfering with their peaceful possession of the premises from where they are currently running their respective businesses. They also sought for a directive to the state to grant permanent lease of said premises in their favour. Court observed that the case has a “chequered history”. Broadly, in 1975, the state government launched a ‘Clean Calcutta Campaign’ where several hawkers, including present petitioners, were evicted from the Hemanta Basu Market and adjacent markets. This caused widespread protests by hawkers. Rehabilitation plan was made to accommodate them at Dr. BC Roy Market. Thereafter, the issue involved years of litigation. Ultimately, with permission from the Defence Ministry, 400 stalls were constructed in and around Dr. BC Roy Market. The petitioners were ultimately settled in 70 stalls. They were issued identity cards in 2011 (one year validity) with renewal provision. Due to non-renewal, the petitioners moved the court.
State submitted that the renewal was subjected to cancellation conditions if misconduct of the cardholder was reported and proven. Further, the rehabilitation was a temporary measure. Petitioners were not allocated space in any shop area but were accommodated in corridors and alleys meant for pedestrian/common use. The PWD has no record that it received or accepted any fees from petitioners. State has no plans to evict them on humanitarian grounds. Furthermore, the petitioners are not the owners of the spaces they occupy.
Petitioner’s counsel argued that the court earlier had specifically observed that the petitioners had derived substantial rights in the Maidan market.
Court observed there has been no judicial determination of their substantive right or any other legal right over the spaces/stalls allocated. Hence, it is difficult for the state to grant lease and more so without Defence Ministry permission. Court observed that such a step would be part of the state’s policy decision.
Since the state doesn’t intend to evict them presently, the court disposed of the matter without order while keeping the option of availing legal remedy open for the petitioners.
