Life under the city flyovers: a perennial continuum of uncertainty

11:17 AM Jun 14, 2018 | Rajat Sen

GUWAHATI: Wastage of space under the numerous flyovers in Guwahati, in addition to creating ordeals of traffic congestion, has given rise to yet another menace – illegal street vending. According to a survey conducted by the Guwahati Municipal Corporation (GMC), way back in 2015,  just after the ‘Street Vendors’ Act (2014) ’ was passed, there were around 12,000 street vendors(registered and otherwise)scattered across the city.

A fraction of these vendors have been operating under the flyovers. “For the last 3-4 years, I have been earning my livelihood through this small pan shop,” said one Tahir Ali who owns a minuscule shop under the Bishnuram Medhi flyover at Ulubari.

 Harani Das, an employee of the GMC, who handles the parking duty of two-wheelers under the same flyover said, “Parking is a big problem in this area. Cars and bikes are parked illegally on the roadsides throughout the length of the flyover. The GMC must look for efficient ways to handle this.” 

The space under the flyovers in Ulubari, Bhangagarh, Ganeshguri, Six Mile and Khanapara is mismanaged by the concerned authorities. The small patches of fenced gardens in certain sections under these flyovers are in a sorry state. Maximum areas under the flyovers are fenced off from the public. “I will happily pay a yearly sum to the GMC if I am allotted a fixed area under the flyover here. I constantly live with the fear of being evicted,” said another small time shopkeeper under the Ulubari flyover.

Originally from the BTAD, Dijen Khatoniar and his wife have been running a small tea shop under the Bhangagarh flyover for the last 4 years. Prior to that he drove an auto-rickshaw in the city for 12 years, but went out of business with Ola/Uber cab services gaining a foothold in the city. “I have been evicted multiple times from this place, but I always return. I have mouths to feed. Where will I go?” said Khatoniar.  “I make sure to keep the place clean. I want a permanent spot here and I am even ready to pay for it. I send my kids to school. I am not a thief, I earn an honest living. Why is the government doing this to us?” he questioned.


 The Ganeshguri flyover, by comparison, has relatively lesser number of vendors. Pollution and illegal parking, however, is still evident. It may also be noted that even though some areas under the Ganeshguri flyover have been converted into parking zones, its proper utilization is yet to be seen.


  
The administration’s take on the matter

GMC commissioner, Monalisa Goswami said, “The areas under the flyovers will only be reserved for parking.” She added that the vendors will have to eventually leave those areas and move to the vending zones as and when the zones are notified after finalization. The final decision has to be taken by the Town Vending Committee, the police, the PWD and the Vendors’ Association. Until and unless they can come to a unanimous decision, it will be difficult to set up the vending zones.”

“Footpaths are strictly for walking. The vendors who occupy the footpaths will be evicted on a regular basis so that the people do not face any problems,” she said adding, “Tender has been given out multiple times for converting the areas under the flyovers into public parking, but to no avail.”
A source in the GMC said that a survey to indentify the zones was conducted earlier but the traffic police department was not agreeable with the results.  
 

The Vendors’ Association’s side of the story

At a news conference organized in the city on 29th May last, the Street Vendors’ Association of Assam raised several demands for the implementation of the proposed vending zones in the city. The organization further added that even though the Street Vendor Act was passed in 2014, during the Congress regime, the present BJP government has failed to implement it in the state so far.
 
The association's president, Naren Rajbongshi, said that the GMC had set up a town vending committee in 2015 and registered 7,186 street vendors. Vending zones were set up under the flyovers at Bhangagarh and Six Mile and the association was tasked with carrying out a survey of the nine vending zones to be set up by the GMC.

The Association further demanded halt of eviction of street vendors, status quo for street vendors till alternative arrangements are in place, full implementation of the Street Vendors Act 2014, creation of vending zones, regular meetings of the town vending committee. It also demanded re-establishment of the vending area in front of the Gauhati Medical College & Hospital at Bhangagarh and the re-settlement of evicted street vendors in Jalukbari. It further demanded compliance by the government and municipal authorities with the orders of the Gauhati High Court.

While talking about the identification of the vending zones, the Association’s president said that despite the High Court’s order to the government and the GMC authorities to settle the street vendors within November 2017, the order has not been followed.
 

Highlights of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

 • To protect the livelihood rights of street vendors as well as regulate street vending through demarcation of vending zones, conditions for and restrictions on street vending.

 • Town Vending Committee (TVC) to be formed for every town. Any person intending to undertake street vending needs to register with the TVC. 

• The TVC comprises the municipal commissioner, representatives of street vendors, local authority, planning authority, local police, resident welfare association and other traders’ associations. 

• Government to frame a scheme for street vendors. The local authority, in consultation with the planning authority, to frame a street vending plan once every five years.

• Natural markets (those that have come up naturally on account of demand) not to be disturbed while framing street vending plans.

• No eviction of vendors to be undertaken without relocation. 

• Reservation of 2% land for vending as part of master plans and local area plans