Image used for representative purpose only.
| Photo Credit: Vivek Bendre
The Bombay High Court on July 22 pulled up the Mumbai police and the civic body, Mumbai Municipal Corporation of Greater (MMCG) popularly known as the Brihanmumbai Municipal Corporation (BMC), for their failure in addressing the existing menace of illegal and unauthorised street hawkers and vendors across Mumbai.
A Division Bench of judges, Justice Mahesh Sharadchandra Sonak and Justice Kamal Khata came down heavily over the authorities for delaying in finding a solution and requiring more time to submit a report on action taken against illegal hawkers.
Expressing concerns over hawkers returning to the same spot despite being evicted and encroaching areas such as footpaths and entrance of shops, the Justice Khata asked, “What is this going on? When will you bring a solution to this recurring problem? We passed an order last month, yet you are not ready with your affidavits. This is sheer harassment of citizens!”
Questioning further, the Bench asked the BMC and the Police whether it had to call in the Army for help as the officers in charge have not been able to deliver the task beyond the deadline. “Do you expect these shopkeepers to deploy armed guards outside their shops? If the police are unable to take care of the situation should we call the army, then? The common man is suffering and that’s it. If you do not want to solve this issue shut down or just close the courts. Then there will be no order for you to follow and comply with,” Justice Khata observed and continued, “People who want to abide by the law are being harassed and made to suffer. The entire State machinery seems to have collapsed. We cannot expect citizens to keep coming to the courts daily. Do you (BMC and Police) want these citizens to come and sit in this court and work from here because their premises are encroached upon?”
Appearing for the BMC, counsel Anil Singh and government pleader, Purnima Kantharia for the Mumbai police, they asked the Bench to allow them more time to file their respective affidavits.
Criticising the BMC and Mumbai Police further, Justice Khata questioned, “What will happen if these things happen outside your Mantralaya? We would want to see what you will do then. Don’t you have security guards there? We want to see such a situation outside the house of the Governor and see what you will do then. Will you say that you are unable to do it, you will try to do it, or ignore the issue like this? We think the issue will be resolved then.”
The Bench also pulled the authorities up for not considering citizens grievances against the illegal hawkers and vendors. However, the judges Bench also expressed their concern towards the livelihood source of unauthorised hawkers and vendors and observed, “We have our sympathy even for those who aren’t eligible, but law must be followed properly. We are not against these people (unauthorised hawkers) but you should consider giving them licenses so they can also become legal hawkers.”
In 2023, the Court had taken suo motu (on its own) public interest litigation cognizance of the issue of illegal and unauthorised hawkers and vendors in Mumbai. In June 2024, the Bench noted that the unauthorised hawkers have occupied streets, by lanes and footpaths in the city. Observing the situation, the court had issued directions to both the authorities and had asked them to submit a detailed affidavit about the actions taken so far against the menace of illegal and unauthorized hawkers and vendors and what steps they will take to prevent the issue in the city from repeating.
Adjourning the matter for hearing till July 30, the court asked the Mumbai Police and the BMC, “Burn the midnight oil and file an affidavit within a week.”
