Bombay High Court Issues Landmark Ruling on Mumbai Hawkers
The Bombay High Court delivered a significant judgment on Monday, directing the Brihanmumbai Municipal Corporation (BMC) to permit 99,435 hawkers across Mumbai who have already been found eligible to operate. This decision aims to bring order to the city's chaotic street vending scene, which has long been plagued by congestion and civic issues.
Court Directives on Hawker Verification and Immigration Checks
In a bench comprising Justices A S Gadkari and Kamal Khata, the court emphasized that no other hawkers apart from these 99,435 eligible individuals can be permitted. The judges also mandated the BMC and Mumbai police to conduct thorough identity verification of all persons hawking or working as helpers at stalls. This includes checking for alleged Bangladeshis or other foreign nationals, with legal steps to be initiated for the repatriation of those found to be illegal immigrants.
The court highlighted the urgency of this action, stating that any failure to act would result in personal liability on all civic and other responsible officers. This move comes in response to reports that 3,26,604 hawkers are currently operating in Mumbai, contributing to widespread congestion and disorder.
Implementation of the Street Vendors Act
The judgment stressed the importance of implementing the Street Vendors Act, enacted in 2014 to regulate hawking. The court noted that nearly 12 years have passed since the Act's enactment, and further delays would be detrimental to both hawkers and citizens. Citizens continue to endure persistent and daily hardship due to its non-implementation, the HC remarked, calling for the statutory scheme to be brought to its logical conclusion.
As part of this, the court directed the BMC to undertake a comprehensive inspection of all temporary and permanent stalls, checking for obstructions to vehicular movement or pedestrians. This is part of a broader effort to ensure the Act's smooth functioning, which includes the formation of Town Vending Committees (TVCs) comprising elected vendors.
Validation of TVC Polls and Legal Proceedings
The HC upheld as valid a voters list of eligible hawkers for polls held on August 29, 2024, for the TVC in Mumbai. This decision came after petitions by hawkers' unions, such as Janwadi Hawkers Sabha and Hawkers Joint Action Committee, which had questioned the list as incomplete and in violation of a 2009 policy. The court ruled that the list was prepared in compliance with procedures and court orders, directing the immediate announcement of the 2024 poll results.
State government pleader Purnima Kantharia informed the court that despite a three-year process, 280 TVCs have been notified across Maharashtra, with Nagpur emerging as a pioneer in effective implementation. The Supreme Court had previously stayed TVC poll results, but the HC declined a stay on its order, citing the long litigation that has already delayed the Act's implementation.
Ongoing Monitoring and Public Interest Litigation
The High Court is also separately hearing a pending suo motu public interest litigation (PIL) from 2023 to monitor state, police, and civic actions regarding hawker-related risks in the city. Advocate Jamshed Mistry has been appointed as an amicus curiae to assist in this matter, ensuring ongoing oversight and accountability.
This ruling marks a critical step towards regulating Mumbai's street vending ecosystem, balancing the rights of eligible hawkers with the need for urban order and safety. The court's directives aim to address both immediate congestion issues and long-term implementation of legal frameworks, setting a precedent for other cities in Maharashtra and beyond.
