Chandigarh: The Supreme Court on Wednesday quashed a 2020 Chandigarh administration notification that had expanded the definition of ‘Essential Service Providers’ (ESPs) to include vendors selling items such as chhole-bhature, kulche-chole, parathas, fruits, vegetables and flowers outside religious places.A bench of Justices Sanjay Karol and Nongmeikapam Kotiswar Singh observed that the notification was issued under the extraordinary circumstances of the Covid-19 pandemic and had outlived its purpose and utility.The apex court directed the UT administration to file an affidavit on compliance with its directions by July 22.It also ordered that all pending applications and appeals related to street vending be decided expeditiously after providing an opportunity of hearing to all stakeholders. The court said the current batch of applications and appeals must be disposed of within 60 days. For fresh applications and appeals, an outer limit of 30 days should be followed, subject to the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and related bylaws.As per Chandigarh municipal corporation records, the original ESP category under the Street Vendors Act included cobblers, milk/bread/egg sellers, tea vendors, cycle/rickshaw repairers, dhobis (ironing) and massagers, though the latter was later removed. Subsequently, through a notification issued on July 17, 2020, the Chandigarh administration added several other categories, including tandoor operators, chhole-bhature, kulche-chole and paratha sellers, fruit and vegetable vendors, and florists operating outside religious places.The Supreme Court, in its order, said: “During the course of hearing on May 12, 2026, the learned amicus emphatically opposed the stand taken by the respondents (Chandigarh Administration) in its reply regarding the notification dated July 17, 2020 expanding the definition of ‘Essential Service Providers’ as also the time for which they were permitted to ply their services on the streets. It was contended that since it was brought out during the peculiar, stressful and unique conditions of the national disaster– COVID 19-, it has outlived its object, purpose and utility, and accordingly, needs to be set aside, restoring status quo ante. Deliberations with all concerned, including the functionaries, officers present in the Court led us to a formation of consensus with the amicus curiae on this specific issue. We quash the said Notification dated July 17, 2020 extracted supra. Undoubtedly, the earlier Notification would govern the field.”The order came while hearing a plea seeking the eviction of street vendors from Chandigarh’s Manimajra area.Key SC directionsShift licensed vendors to designated vending zones at the earliest.Make vending zones fully operational, with daily monitoring by civic officials and adequate signage in commonly used languages.Ensure public amenities are provided in all vending zones and properly maintained.Regularly publicise vending zones and permitted timings through print and electronic media.Expedite issuance of smart cards to all vendors and share vendor details with jurisdictional police stations and the district administration.Complete installation of CCTV cameras within six months, with adequate video-storage provisions.Consider setting up a helpline for vendors and buyers to enhance security, confidence and regulatory oversight in vending zones.
