Bombay High Court Orders Immediate Surprise Survey of Hawkers in Mumbai
The Bombay High Court took decisive action on Tuesday by dispatching a two-member panel for an unannounced, on-the-ground survey of hawkers. The inspection covered a key route from the Chhatrapati Shivaji Maharaj Terminus (CSMT) area to Hutatma Chowk, near the court premises, and extended onwards to Colaba. This move aimed to rigorously assess compliance with the court's previous directives regarding hawker regulation in the city.
Court Directs Police to Outline Strategy Against Illegal Hawking
In a significant development, the High Court also instructed the police to present a detailed plan on how they intend to ensure that illegal vendors, once removed by the Brihanmumbai Municipal Corporation (BMC), do not resurface. The bench emphasized the need for sustained enforcement to tackle the persistent issue of unauthorized hawking on public footpaths.
Survey Findings Reveal Mixed Compliance Levels
The division bench of Justices A S Gadkari and Kamal Khata, which is hearing a 2023 suo motu Public Interest Litigation (PIL) on Mumbai hawkers and related petitions, requested advocates Jamshed Mistry and Chaitanya Chavan to conduct the survey immediately. Acting as court commissioners, they set off in a court car with a police escort, both in uniform and plainclothes, to inspect the areas on foot.
Upon their return, Mistry submitted a brief report to the court. The findings indicated satisfactory compliance in the CSMT-to-court area, where hawkers were found to possess valid licences and payment receipts. However, the situation in Colaba was starkly different, with reports of "rampant hawking" observed in close proximity on one side of the road. Most hawkers there had expired licences, though their stalls displayed painted numbers, suggesting some form of informal registration.
Broader Context and Legal Framework
The core issue before the High Court is the enforcement of the 2014 Street Vendors' Act, which mandates the establishment of committees and a new scheme to regulate street vending. During the hearing, Mistry noted that hawkers from Churchgate to the High Court area were seen selling various items, including clothes and electronic goods, and many had licence copies readily available. In a curious instance, one hawker produced a licence dated for the year 2031, raising questions about document validity.
Additional concerns were raised by advocate Bahraiz Irani, representing the Goregaon Merchants Association, who filed a PIL last year. He highlighted serious issues of rampant illegal hawking on public footpaths, with vendors allegedly physically assaulting licensed shopkeepers and others. In response, BMC counsel Chavan informed the court that civic officials had removed hawkers from the affected Goregaon area on April 16-17, citing earlier Supreme Court and High Court orders that place the duty on the state and police to prevent their return.
Previous Directives and Ongoing Enforcement Efforts
Earlier, on March 23, the High Court had directed the BMC to permit 99,435 hawkers across Mumbai, who were deemed eligible, to operate. It also ordered the listing of other eligible hawkers from a balance of 29,000. The court explicitly ruled that no other hawkers apart from these could be permitted. Furthermore, it mandated the BMC and Mumbai Police to verify the identities of all persons hawking or working as helpers at stalls, including those alleged to be Bangladeshis or other foreign nationals, and to initiate legal steps for the repatriation of any found to be illegal immigrants.
In Tuesday's hearing, the High Court directed the new government pleader, Anjali Helekar, to obtain comprehensive instructions from the Mumbai police commissioner. She is to inform the court on compliance measures and outline how the police will take action to address the hawking issue effectively, ensuring public order and adherence to legal standards.
