Irked over the inaction by the Brihanmumbai Municipal Corporation (BMC) and the police against the illegal hawkers, the Bombay High Court remarked that the “entire state machinery has collapsed” as it was unable to come up with a solution against it. The court also questioned whether such illegal vendors would be allowed to put up their stalls outside the Mantralaya or the Governor’s house.
The court lamented that the issue of illegal hawkers and vendors was a recurring problem and there was a need to find a solution, and the authorities cannot express helplessness.
“Those who want to abide by the law, suffer. Entire state machinery has collapsed. Brazenly these unauthorised hawkers come. Let this happen in front of the Mantralaya or the Governor's house then see how all this stops. You have all the security there,” a bench of Justices MS Sonka and Kamal Khata said on Monday.
The court had taken a suo motu (on its own) cognisance of the issue, while hearing a petition by mobile shop owners in Borivali, who claimed that access to their shops was blocked by illegal hawkers in November 2022. The HC has since been monitoring the actions of the State, the BMC, and the Police regarding various complaints against the alleged “hawkers menace”.
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The judges underlined that the common man has to suffer because of this, and the authorities cannot turn a blind eye. “You (authorities) want citizens to come and sit in court every day? This is sheer harassment to people. This is complete lawlessness. The corporation does not look into citizens’ complaints…the police does not… What should a common man do?”
The court has, last month, directed the BMC and the police to file detailed affidavits respectively, stating the action taken by them against such illegal hawkers and steps to prevent the same.
However, on Monday, BMC counsel Anil Singh and state advocate Poornima Kantharia sought more time to file their affidavits.
Displeased, the judges said that it was a serious matter and the authorities cannot give excuses for not filing affidavits. “If you (authorities) can’t do it, you shut your office. Or shut down the courts. Brazenly people come (unauthorised hawkers). Every single day, you expect a shopkeeper to come to court? Or, he has to have security guards with guns?” the bench asked.
The judges also asked sarcastically whether the Army should be called in as the police and civic authorities are unable to keep the illegal hawkers and vendors away. “What does the police do then? We need to know that. You are saying the police are unable to remove and we have to bring in the Army? We have to have an answer to this. it cannot be recurring,” the judges said.
Justice Sonak also said that if the government system is not properly working, the court can also consider directing authorities to consider five specific areas in the city as a ‘test case’ to ensure the law against illegal hawking is enforced.
The HC has kept the matter for further hearing on July 30.
Last month, the court had noted that hawkers and street vendors have virtually taken over the street lanes and bylanes leaving no place for people to walk on the footpaths. It had said in addition to haphazard parking, pedestrians are forced to navigate between the unauthorised hawkers and the haphazardly parked vehicles, to commute.
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