• Legal Recourse against illegal encroachment by food vendors

Illegal encroachment by street vendors is a menace in India . In my home city most of the pavements are encroached. First, they start with vegetable selling then erect semi permanent structures selling shakes and finally all illegal stuff.

I have some cursory knowledge of law. Under which laws can I file complaint against these vendors (selling food items)?
As per my knowledge they in direct violation of following laws.
1. Their khokhas are not registered under Shop Act. Who should I complaint to and what are penal provisions provided by law under Shop Act?
2. They don’t have any permission to sell consumable food items (Shakes, pakodas, Aloo Tikki) to general public. Can I report this to CMO ? what are penal provisions under law?
Since civil authorities have miserably failed, I want to approach Court in case civil authorities don’t pay any heed to my request. Please enlighten me legal recourse against civil authorities if they don’t act on my complaint.
Asked 2 years ago in Business Law from Solan, Himachal Pradesh

File an application under section 133 crpc before concerned SDM cum Collector requesting removal of these structures

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.0 on 5.0

File Police complaint against encroachment on foot path

You need licence from muncipal corporation to sell food articles

3) if no action is taken by muncipal corporation file writ in HC for demolition of unauthorised construction

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Hello,

Write representation to municipal authorities for removal of such encroachment and as and when they do not move, directly file a writ petition in the HC under article 226 of the Constitution of India.

Let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

Dear Sir,

In such cases you can file Public Interest Litigation (PIL) petitions by engaging a advocate of repute by paying his fees and see that your wish is fulfilled. If you are having no funds then get assemble likely minded persons and raise funds to legally fight.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4964 Answers
153 Consultations

5.0 on 5.0

1. You will have to approach the Municipal Corporation

2. if they fail to take any action then you will have to file a Writ Petition in High Court challenging the inaction of the municipal body

Yusuf Rampurawala
Advocate, Mumbai
4858 Answers
29 Consultations

5.0 on 5.0

See the procedure to this problem should be give a letter of complaint to municipal authorities , police authorities and SDM and district collected citing an issue public place encroachment nuisance and mishaps and difficulties due to these vendors.

Now if these authorities civil fails file a Public interest litigation before the high court on illegal encroachment annex the letter you have sent to civil authorities along with photographs and incidents like traffic jam accidents , and other incidents and pray before hc for direction to.civic authorities to remove the encroachment in time.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

1. You can make a complaint about this with the local civic body or the municipal authority.

2. You can give a complaint with the district health office about this that these people selling adulterated eating product.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer