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Mumbai: The perpetual proliferation of illegal hawkers has become a pervasive problem in the city, with the BMC's egregious negligence allowing these vendors to operate with impunity and even the tacit approval of local authorities. Gandhi Market, a renowned clothing marketplace situated within the Kalyan Apartment in Sion East, has been beset by encroachment issues for the past six years.
Despite submitting numerous complaints to the F North ward office, Sion Police station, and the former corporator of ward 172, the apartment's tenants have been met with resounding silence and dismissal. A total of 15 tenants have signed a collective petition, and have been doggedly pursuing their case for six years, only to be met with intimidation and threats from the shopkeepers whenever they attempt to raise their concerns.
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The frustrated tenants of Kalyan apartments and the Mumbai North Central District Forum (MNCDF) have taken up this issue, highlighting the egregious violation of their fundamental rights. The lack of action by the authorities has created a sense of desperation among the tenants, who are now living in fear for their lives.
The situation is further exacerbated by the fact that the BMC itself has filed a case against the illegal hawkers, but no tangible action has been taken to rectify the issue.
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A resident of Kalyan apartment lamented, 'We have been plagued by the presence of hawkers for an extended period, but now they have fortuitously commandeered our very building compound. The owner of the garage within our edifice has illicitly transformed building compound into an 8-shops, with rent being exacted from the vendors. The BMC's inaction is palpable, and we are convinced that they are complicit in the scheme, receiving hafta payments in the process. Moreover, it appears that the police, BMC officials, and local politicians are all entangled in this illegal operation, perpetuating a culture of corruption and impunity.”
A frustrated resident of Kalyan Apartment in Sion East lashed out at the BMC's inaction, stating, "Despite filing five complaints over six years, BMC has done nothing to address the illegal encroachment by hawkers. We tolerated their takeover of adjacent footpaths, but now they've seized our compound, turning it into a cesspool of filth and disease. Stagnant water from their tarpaulin-covered stalls has led to multiple dengue cases, including my mother's. The property, seized by the Income Tax department, has no landlord to hold accountable, while the BMC and police continue to ignore our pleas. The illegal shops, some operating from our building’s garage, have no toilets, so shoppers urinate in our premises, leaving us to live in squalor and fear."
A resident accused the BMC of colluding with illegal stall operators, claiming that whenever they file a complaint, the BMC tips off the shopkeepers to keep their stalls closed on inspection days, ensuring no action is taken. "It's no coincidence that all the shops are mysteriously shut whenever officials visit," he remarked.
"My daughter was hospitalized in the ICU with dengue, all because of the mosquito infestation from these illegal shops surrounding our society," a female resident shared. "Despite a previous demolition, the shops returned. We've been frustrated by the blame game between the BMC and the police. When we reached out to the BMC, they shrugged it off, saying it's the police's responsibility. But when we went to the police, they said they only provide protection and that it's the BMC's responsibility. This is a classic case of buck-passing, leaving us helpless and without any solution. It's clear that both authorities are complicit in this mess, and it's us who are suffering as a result."
Advocate Trivankumar Karnani, founder and spokesperson of MNCDF, stated, “This situation violates residents' Fundamental Rights under Article 21 of the Constitution, particularly affecting the residents and children whose society compound has been unlawfully occupied. The Local Ward's Encroachment Officer should ensure the police register an FIR under Section 112 of the new BNS law and take criminal action. There appears to be a criminal nexus between the BMC, illegal hawkers, and local politicians, with these encroachments bringing hazardous goods into residential areas and compromising safety and security.”
