Bombay HC Highlights Gaps In 2017 Street Vendors Policy, Maharashtra Forms Committee To Align Vendor Policy With Law

Mumbai: After facing sharp criticism from the Bombay HC over glaring gaps in its street vendors policy, the Maharashtra government has appointed a panel to draft a comprehensive and uniform scheme.

The move comes even as civic bodies intensify drives against illegal hawkers. An estimated 7 lakh legal and illegal street vendors operate within the limits of BMC, but only about 99,000 have been officially recognised as eligible under the current regulatory framework.

During the hearing of Writ Petition No. 3890/2021, the High Court on March 26 observed that the state’s 2017 scheme suffered from several critical omissions.

It failed to incorporate key provisions under Section 38 and Schedule II of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which mandate a comprehensive framework to safeguard livelihoods while regulating vending activities.

Schedule II lays down norms for surveys, issuance of vending certificates and identity cards, fee structures, revenue collection, and licence validity and renewal.

The court further noted that the scheme was silent on crucial aspects such as issuance of licences between survey cycles, eviction protocols, confiscation and return of goods, relocation of vendors, and social audits. Acting on these observations, the Urban Development Department has constituted a 12- member committee under the Commissioner of the Directorate of Municipal Administration.

The panel includes senior officials from municipal corporations in Mumbai, Nagpur, Thane and Chhatrapati Sambhajinagar, along with representatives from Malegaon, Badlapur, Khamgaon, Alibag and Wada.

The Deputy Commissioner of the Directorate will serve as Member-Secretary. The committee has been given one month to submit its report. Its mandate includes reviewing gaps in the 2017 government resolution, aligning the revised scheme with statutory provisions, and drawing on best practices from other states.

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Before final notification, the draft will be circulated among local bodies and Town Vending Committees (TVCs). Civic authorities have also been directed to constitute TVCs, conduct vendor surveys, and hold elections where necessary. Local bodies will consult TVCs and submit their feedback to the panel before the scheme is finalised.

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