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Mumbai: Directing the Brihanmumbai Municipal Corporation (BMC) and the State government to take strict action against the menace of illegal hawkers, the Bombay High Court said there is not a single lane or space is spared in the city. The court also asked the BMC and the State to stop passing the buck to keep streets free of illegal hawkers.
The BMC claimed that while they regularly remove hawkers, it is the responsibility of the police to keep them from returning. The State, on the other hand, stated that they provide protection whenever requested by the BMC, but it is up to the civic body to monitor illegal hawkers.
The court took suo motu cognizance of the issue while hearing a 2022 petition filed by mobile shop owners in Borivali, who complained that their access was blocked by illegal hawkers.
“People can’t enter shops. Despite police being there, they (illegal hawkers) continue to hawk. The entire city is full of hawkers. There is not a single lane that is spared. No area is spared,” a bench of Justices Ajey Gadkari and Kamal Khata said on Tuesday, adding: “A child has died.”
The court was referring to the death of a six-year-old boy in October due to severe burns after a hit oil vessel fell on him in Pydhonie area. The child has gone with his family to have vada pav at a local stall. The incident was brought to the court’s notice by Advocate Jamshed Mistry, who was appointed as amicus curiae (friend of court).
Pointing out the recurring menace of illegal hawking, Advocates Sharan Jagtiani and Naushad Engineer, appearing for Bombay Bar Association, said that in Borivali West, the BEST has changed its route as the hawkers spill over on the roads.
The bench said that they are looking for a permanent solution and that it has to be a continuous effort. “We are looking for removal once and for all. there has to be continuous effort. If they continue to come then there is some problem at your end,” the bench said.
Asking both the state and the BMC to take responsibility, the judges said: “You can’t keep blaming each other. You (State) say you are doing your job. They (BMC) say they are doing their job. Citizens come to us.”
State’s advocate Poornima Kantharia said that they provide protection to the BMC officers and they have also kept a police van stationed on certain streets, but the illegal hawkers manage to return. Noting that such a stand was unacceptable, the bench said: “We can’t take it from the state that you are unable to control the situation.”
The court then asked the State on how it proposes to effectively implement the Street Vendors Act. Kantharia said that it could only be implemented after the formation of the Town Vending Committee. Although the elections of the TVC were held, the results are not declared as the elections have been challenged by a set of hawkers association. The HC has kept the matter for further hearing on December 12.
