How can you stop people from eating what they want? Gujarat High Court on seizure of non-veg stalls

The Gujarat High Court on Thursday came down heavily on the Ahmedabad Municipal Corporation for seizing food stalls selling non-vegetarian food in the city (Dilip Gatubhai Roat v. State of Gujarat)..Justice Biren Vaishnav was hearing a plea by a number of petitioners whose carts had been seized by the Corporation recently. The vendors included those selling non-veg food, eggs as well as vegetables..Before disposing of the petition directing the Municipal Corporation to expeditiously consider the cases of any petitioners that approach them for releasing their goods and materials, the single-judge cautioned that such actions should not be taken to "satisfy somebody’s ego". Only on the Corporation's vehement denial of singling out, was the plea disposed..During the proceedings, the Court asked the respondent’s counsel if the State will decide what one eats outside their house.“What seems to be the problem? You don’t like non-veg food, that is your outlook. How can you decide what I should eat outside?"Despite attempts by counsel for the Corporation to explain the situation, the Court exclaimed,"How can you stop people from eating what they want? Suddenly because somebody in power thinks that this is what they want to do?".Counsel appearing for the vendors informed the Court that the issue started from Rajkot, where the councillor got offended that non-veg food was being sold on the streets.“The whole episode starts from Rajkot, followed by other Municipal Corporations,” he submitted.The petitioners further submitted that the seizure was being done under the garb of poor hygiene practices, but the action was sans any order or resolution..After considering the submissions, the Court directed counsel for the Corporation to appear in the post-lunch session on the very same day to explain these actions.“Call the Corporation and ask him what he is doing! If I want to go outside for some garden and eat something, he will decide what I should eat,” the Court said.Further expressing his disgruntlement at the events, Justice Vaishnav remarked, “Tomorrow they will tell me I should not drink sugarcane juice because it will cause diabetes! Or coffee is bad for health.”.After taking instructions, counsel for the Corporation submitted in the post-lunch session that the petitions were filed under the misconception that there was a drive to remove non-veg food from streets. He instead said that the removal of these stalls was because they were causing hindrance to traffic and blocking pedestrians.However, Justice Vaishnav shot back,"Let us be very honest. Around the Vastrapur Lake, there were hawkers selling eggs and omelettes, overnight you decide because the party in power says that you don’t want to sell eggs; will you pick them up and take them away?"The judge added,"Ask your Corporation Commissioner to be present! How do you dare indiscriminately pick up people?".The counsel insisted that the authority was not singling out vendors of non-veg food. He asked the Court to look at the cases on merit, arguing that such vendors would not get protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.He also submitted that in case the petitioners approach the Corporation within 24 hours for releasing their goods and materials, based on the policy and in accordance with law, their cases would be considered as expeditiously as possible. .After noting the submissions in its order, the Court disposed of the Petition. .Advocate Ronith Joy appeared for the petitioners while the Municipal Corporation was represented by Advocate Satyam Chhaya.