A single-judge bench of the Calcutta High Court on Friday, 22 May imposed an interim stay on the ongoing hawker eviction drive near Howrah Station in Kolkata, halting the West Bengal government's exercise until the last week of June. The order came after a detailed hearing before Justice Hiranmay Bhattacharya, who also fixed the next date of hearing for 10 June.

What the Court Ordered

Justice Bhattacharya, while granting the interim stay, observed that hawkers facing or likely to face eviction must be given a fair opportunity to present their arguments before the court. He additionally directed a representative of the Hooghly River Waterway Transport — a body functioning under the West Bengal government — to remain present at the 10 June hearing.

Arguments Made by Petitioners

Former Communist Party of India (Marxist) Rajya Sabha member and senior advocate Bikas Ranjan Bhattacharya appeared on behalf of the petitioners. He contended that the hawkers operate their shops by paying rent to the Hooghly River Waterway Transport and hold valid documentation.

'They pay rent regularly. I also have their rent receipts. I have submitted the receipts before the court along with my application in the case. The petitioners have valid trade licences, GST and service tax registrations. The Hooghly River Waterway Transport had also informed the railway authorities about this. There is no signature on the notice issued by the railway authorities for eviction. The notices were only pasted on the wall. They were not served on anyone personally. My appeal to the court is that these notices should be declared null and void immediately,' Bhattacharya argued.

Railways Cite Amrit Bharat Project

When Justice Bhattacharya questioned the railways' counsel on whether the eviction drive was being conducted in haste to facilitate any development work, the counsel stated that Howrah Station had been earmarked for cleanliness drives under the Amrit Bharat project, launched in 2024. The response drew scrutiny from the bench, which noted that the hawkers' rights could not be bypassed in the process.

Background and Broader Context

The eviction drive had triggered significant concern among hawkers and traders who have operated near Howrah Station for years, many of whom reportedly hold formal rental agreements and tax registrations. This is not the first time a hawker eviction exercise near a major railway station in India has faced legal challenge — courts have repeatedly held that due process and personal service of notice are prerequisites before such action. The petition before the Calcutta High Court underscores that tension between urban infrastructure upgrades and the livelihood rights of informal traders remains unresolved.

The matter will be closely watched as the 10 June hearing approaches, with the court expected to hear arguments from all parties, including the Hooghly River Waterway Transport.