CUTTACK: The Orissa High Court has directed maintenance of status quo till July 3 on properties occupied by 31 members of a traders’ association in Konark who apprehended eviction following a recent anti-encroachment notice issued by the Konark Notified Area Council (NAC).
A vacation bench comprising Justices Mruganka Sekhar Sahoo and MS Raman passed the interim protection order on June 5, while disposing of a writ petition filed by members of a local Byabasay Sangha. The petitioners claimed they are street vendors covered under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and feared removal of their business establishments pursuant to a public notice issued on May 13.
The notice had directed removal of structures allegedly obstructing roads and drains, causing traffic hazards and accidents, and preventing the free flow and cleaning of drains. It further stated that such encroachments violated section 254 of the Odisha Municipal Act, 1950 and required them to clear the encroachments within seven days.
The court sought clarification from the petitioners on the allegations. Counsel for the petitioners contended that none of the traders had encroached upon roads or drains and that their structures neither obstructed traffic.
The bench, however, noted that no material had been placed before the court to show that the petitioners had already approached the authorities asserting that they were not responsible for the encroachments. Seeking additional time, the petitioners expressed willingness to place their case before the concerned authorities.
The court directed the traders to approach the Konark NAC and the Puri-Konark Development Authority by June 19 with details of their shops or cabins and explanations that they had not encroached upon roads or drains.