South Calcutta Hawkers Association, Appellant v. Government of West Bengal and others, Respondents.

B.P. BANERJEE AND VIDYA NAND, JJ.

... Constitution of India, Article 14 & 19 (1)(g) - Street-hawkers - Hawkers squatting on foot path and making constructions - No action taken by authorities for years - That does not create any right in favour of the hawkers and/or squatters to construct the stalls and structures on the footpath and continue their business form there.

... Public street - Nobody can put up stalls and structures on road or pavement - Removal of such structures - At least 24 hours notice should be given to stall holders - Authorities should not discriminate between hawkers of one areas and other ... State to decide articles that could be sold on pavements – State and Municipal authorities can deny benefit or right to hawkers selling costly luxury goods on pavement – Use to which it can be put.

The public has a right to pass along the highway for the purpose of legitimate travel. This certainly does not mean that travellers have to be in perpetual motion when he is in public street. It may be essential for him to stop sometime for various reasons ... What is required of him is that they should not create any unreasonable obstruction which may cause inconvenience to other persons having similar right to pass. He should not make  excessive use of rights to the prejudice of others. Liberty of an individual comes to end when the liberty of another commences.

... Right to do business while going from place to place - Recognised since long - Right however is subject to proper regulation in the interest of general convenience of the public including health and security consideration ... Right to trade on street pavements - Cannot be denied on ground that streets are for passing and repassing only - Proper regulation is necessary.                                                                                                           (Source: AIR 1997 Calcutta 234)