The Bombay High Court has slammed the Brihanmumbai Municipal Corporation’s (BMC) and Mumbai Police over their inability to control the “menace” of illegal hawking across Mumbai city. The Bombay High Court is hearing a suo motu Public Interest Litigation (PIL) and other bunch of petitions regarding the menace of unauthorised hawkers.
The court has also asked the BMC and Mumbai Police to stop blaming each other and instead take strict action to curb the menace, asking the concerned authorities to take steps and be more vigilant.
“The entire city is full of hawkers, not a single lane, no shop not a single shopping area is left. The entire city is encroached by unauthorised hawkers,” a division bench comprising justices AS Gadkari and Kamal Khata observed, emphasizing on the urgency to curb illegal hawking across the city. The division bench observed that the entire city is encroached by illegal hawkers thereby making it difficult for the citizens to walk freely on the streets.
The court had in its order dated 23rd October directed that the stretch between Chhatrapati Shivaji Maharaj Terminus (CSMT) and the High Court (HC) should be kept “completely unauthorised hawker-free” till November 12.
It is to be noted here that the licensed vendors are not to be evicted and the proceedings are only with regards to the menace of illegal hawkers without a licence. The court also asked the BMC to devise a mechanism under which hawkers with expired licenses can reapply efficiently. This move will ensure that licensed hawkers are not penalised amid the crackdown.
HC asks BMC, Police to stop blame game
During the hearing, the BMC claimed that while they regularly remove illegal hawkers (those without a license), it is the responsibility of the police to stop them from coming back to the same spot. The State defended itself by saying that it provides protection whenever requested by the BMC, but it is the responsibility of the civic body to monitor the activities of illegal hawkers.
“We are on removing them once and for all and they ought not to come back… There have to be beat marshals to remove them but if they continue to come back there is some problem on your part. We are of the opinion that all the government agencies – BMC and Mumbai Police, must act in tandem…When your officer goes to a particular place, he can ask about the licence if they don’t have they can remove them,” the judges observed.
After Government Pleader Purnima Kantharia expressed the state’s ‘helplessness’ in curbing the menace, the bench responded that it will not appreciate the State expressing helplessness over the issue and that it does not want the hawkers to return even after being evicted.
“We cannot hear from the State that it cannot stop all these issues or the menace… you are the State of Maharashtra, you have to control them you cannot be helpless… If the existing force is not sufficient then call for extra police from reserve force. But we do not want the hawkers to keep returning to the sites even after removing them,” Justice Gadkari told Kantharia.
Colaba Causeway issue
During the hearing, a counsel highlighted the issue of licensed hawkers being harassed by the civic officials, especially at the prominent Colaba Causeway market area in South Mumbai, which is mostly visited by foreigners.
“At Colaba area extra caution is needed because several foreigners are there and within fractions of seconds pick-pocketing takes place there. So these hawkers, even if licensed, must operate within the size of shops or sites allotted to them,” the Government Pleader told the judges.
BMC’s pilot project sites
The court will deal with the detailed submissions of the hawkers’ associations on December 12. Till then, the bench has ordered the BMC and the Mumbai Police to keep a stringent surveillance on the 20 sites, which were identified by the civic body, for taking action against illegal hawkers as a ‘pilot project.’
These include:
CSMT to Bombay High Court
Churchgate Station to Bombay High Court
Colaba Causeway
Dadar Station West & East
Dadar TT Circle
Lalbaugcha Raja Area
Andheri West & East
Mathurdas Road
Malad Station West
Borivali Station West
Bharucha Road
Kurla Station West
Linking Road West
Hill Road, Bandra West
Ghatkopar Station West & East
L.T Marg
Mohammad Ali Road
LBS Road
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