Appointment of service provider, its work come under question
Staff Reporter
Guwahati: The Gauhati High Court has granted a last opportunity to the Guwahati Municipal Corporation (GMC) to produce a copy of the order whereby a service provider was engaged for developing and maintaining the city's vending zones and also to provide the details of the work done by the service provider after August 5, 2024, when the service provider was appointed.
The bench of Chief Justice Mr. Vijay Bishnoi and Justice N. Unni Krishnan Nair observed in a public interest litigation (PIL/15/2021), with several linked cases, that pursuant to the direction given by this court on August 14, 2024, an additional affidavit was filed on behalf of the Guwahati Municipal Corporation (GMC). In the order, the court issued a direction to the GMC to specify the details about 81 vending zones that have been established by it. It was also directed that the respondent GMC may provide information as to when Phase-I is going to start and what facilities in those vending zones for the street vendors as well as the public at large are to be provided.
In the additional affidavit filed by the GMC, a list of vending zones declared by the GMC in exercise of power under Section 18(1) of The Street Vendors (Protection of Livelihoods and Regulation of Street Vending) Act, 2014 was provided. It is further mentioned that the GMC engaged a service provider, namely, the Indigenous Vendors Welfare India Association, and entrusted it with the responsibility to develop/build uniform designs, layout vending carts, conduct surveys, and allocate vending carts to the designated vendors. The responsibility of fixing monthly maintenance, including water supply, electricity connection, timely cleaning, waste management, maintaining safety and hygiene standards, revenue generation for GMC, protection against illegal encroachments, etc., has also been entrusted to the service provider. While it is also mentioned in the affidavit that the service provider was engaged via an order dated August 5, 2024, no such order is available on record, the bench noted.
It was also noted that though the service provider was engaged on August 5, 2024, the action taken by it after its engagement has not been elaborated in the additional affidavit, shrouding the details in secrecy.
The court, therefore, granted last opportunity to the counsel for the GMC to produce a copy of the order dated August 5, 2024, whereby the service provider was engaged for developing and maintaining the vending zones and also to provide the details of works that have been done by the service provider after August 5, 2024.
The matter has been listed again on October 23, 2024.
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