Meghalaya High Court
Philip Khrawbok Shati vs . State Of Meghalaya & Ors on 7 March, 2025
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No.03
Daily List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.17/2021 with
PIL No.9/2024
Date of Order : 07.03.2025
Philip Khrawbok Shati Vs. State of Meghalaya & ors
Andrew Aibok Jyrwa Vs. State of Meghalaya & ors
Coram:
Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance in PIL No.17/2021:
For the Petitioner : Mr. H.L. Shangreiso, Sr.Adv with
Ms. P. Biswakarma, Adv
For the Respondents : Mr. K. Khan, AAG with
Mr. A.H. Kharwanlang, Addl.Sr.GA
Mr. K.P. Bhattacharjee, GA
Mr. S.P. Mahanta, Sr.Adv with
Mr. D. Dkhar, Adv
Dr. N. Mozika, DSGI with
Ms. K. Gurung, Adv
Appearance in PIL No.9/2024:
For the Petitioner : Mr. N. Syngkon, Adv with
Ms. L. Phanjom, Adv
For the Respondents : Mrs. T. Yangi B., AAG with
Mr. A.H. Kharwanlang, Addl.Sr.GA
Mr. K.P. Bhattacharjee, GA
F
i) Whether approved for Yes/No
reporting in Law journals etc.:
ii) Whether approved for publication Yes
in press:
Page 1 of 4
Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the
composition of the bench by name of judges, while reporting
this judgment/order.
Over passage of time, the scope of this public interest litigation
(PIL) has continuously widened.
Now, it involves identifying street vending areas, relocating areas
permitted to be used for street vending, regulation of traffic in general,
allocating and relocating parking spaces, clearance of as much road area as
possible to allow free movement of vehicles and overall implementing
policies and plans to make the capital of Meghalaya-Shillong region, a
modern, clean and well administered city.
Further to our order dated 28th October, 2024, learned Additional
Advocate General Mr. Khan has filed a detailed report on 28th February,
2025 prepared by the Commissioner and Secretary to the Government of
Meghalaya, Urban Affairs Department.
From this report it appears that a survey of street vendors in
Shillong was initiated. The Provisional Town Vending Committee held three
meetings on 5th December, 2024, 5th February, 2025 and 14th February, 2025.
It has identified 25 locations for street vending across Shillong, to
accommodate 1400 vendors effective from 7th February, 2025. An official
notification has been issued for relocation of a substantial number of
vendors. The report says that this exercise was “to streamline vendor
operations and ensure a smooth transition to the new vending areas”.
A State Level Committee has been constituted to coordinate
regulation of traffic and street movement in seven zones at Sardar Traffic
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Branch, Lumdiengjri Traffic Branch, Laitumkhrah Traffic Branch,
Madanriting Traffic Branch, Rynjah Traffic Branch, Mawlai Traffic Branch
and Laban Traffic Branch. The Committee is to recommend parking and “no
parking zones”. It is to collaborate with the local bodies and to get approved
and demarcate “parking” and “no parking zones”.
Furthermore, a very healthy move has been taken by the
administration to formulate a parking policy called Shillong Parking Policy,
2025. The administration proposes to acquire and launch a fleet of 35
modern, technologically advanced and “comfortable buses” that would
reduce use of private transport on the city roads.
It has also initiated the Shared Mobility Initiative (STEMS) project
by which the school going children would be persuaded or their parents
requested to allow the students to commute in the buses acquired under the
above policy from their homes to school and back home. Learned Additional
Advocate General took us to paragraph 3(iii) of the report to show that
whereas in April, 2023, there was only one bus with 10 per cent occupancy,
in February, 2025, there were 29 buses with 100 per cent occupancy by
school students.
Undoubtedly, the successful implementation of this policy will
reduce the usual traffic congestion during the time of start of school hours
and closing of the school for the day.
Another move which the administration has taken is to contemplate
introduction of street parking infrastructure.
We are confident if this entire set of policies, plans and projects is
implemented, it would go a long way to achieve the purposes of this PIL.
Page 3 of 4
Nevertheless, it is submitted by learned counsel for the petitioner that only
initial steps have been taken and that substantial steps are yet to be taken to
implement the above policies.
Considering the submissions made, we direct that the respondents
shall on war footing, implement the policies, plans and proposals contained
in the report.
In the intervening period, the administration will keep a very strict
vigilance in the city to identify, remove and prevent new encroachments of
street space by illegal street vendors and take legal steps against them, shall
continue to penalise errant vehicle drivers with fine for disobedience to
traffic rules and for parking in no parking areas and to generally ensure that
there is no reduction of available road space by encroachment made by street
vendors, by illegal parking and so on.
We make this PIL returnable on 8th May, 2025.
By 6th May, 2025, the Commissioner and Secretary to the
Government of Meghalaya, Urban Affairs Department will file another
report showing further action which has been taken in this regard.
(W. Diengdoh) (I.P. Mukerji)
Judge Chief Justice
Meghalaya
07.03.2025
"Lam DR-PS"
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