Bombay HC Pulls Up Govt, NMMC Over Delay In Hawkers’ Law, Seeks Time-Bound Roadmap

Mumbai, March 26: The Bombay High Court on Wednesday criticised the Maharashtra government and the Navi Mumbai Municipal Corporation (NMMC) for delays in implementing the hawkers’ law, and directed them to spell out a clear, time-bound roadmap for its enforcement.

Petitions by street vendors

The court was hearing petitions filed by street vendors, including a petition by the Maharashtra Hawkers Federation, challenging action against them on the ground that they were operating in non-hawking zones. The plea alleged that the NMMC had seized their goods without a panchnama.

Court questions demarcation of zones

Questioning the civic body’s stand, the High Court asked NMMC to show whether such zones had been identified. “Show us where you have demarcated hawking zones,” a bench of Justices Bharati Dangre and Manjusha Deshpande said, observing that in the absence of a proper statutory exercise, authorities cannot simply label vendors as “illegal”.

Legal protection for vendors

The petitioner’s advocate argued that under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, vendors are protected from eviction until surveys are conducted and vending zones are formally demarcated. They submitted that no such transparent exercise had been completed so far.

State cites ongoing process

The State, through advocate Savita Prabhune, told the court that a uniform scheme for regulating street vending across Maharashtra would be framed after consultation with local bodies and Town Vending Committees (TVCs). She said 316 committees were formed and the process was underway and would be completed in due course.

Bench expresses dissatisfaction

The bench, however, expressed dissatisfaction with the continued delay. “From 2014, we are nowhere. See other states — they are far ahead,” it remarked, adding that the State cannot wait indefinitely for responses from local authorities.

Criticism of incomplete framework

The court also criticised what it termed a “half-baked” approach, noting that a 2017 model scheme relied upon by the State suffered from several lacunae and lacked proper consultation. “When you are framing a scheme, it has to be complete and foolproof. Otherwise, someone else will again come to court,” the bench observed.

Warning over timelines

Pressing for accountability, the court warned that it would step in if timelines were not provided. “If you don’t give us timelines, we will issue timelines… and officers who do not abide by them will be liable for contempt,” it said.

Affidavits fall short

In its order, the court noted that affidavits filed by the Urban Development Department and NMMC “fall short” of addressing its earlier queries, particularly on how vending and non-vending zones were determined. It also rejected NMMC’s preliminary objection questioning the maintainability of the petitions.

Next hearing on April 20

Observing that the failure to implement the law has forced vendors to approach courts, the bench granted the State a final opportunity to place a concrete roadmap with timelines for finalising, notifying, and implementing the scheme. The matter will be heard next on April 20.

Earlier observations on hawkers

On March 23, another bench of the HC had termed the prevailing situation of hawkers in the city as “deeply concerning”, and directed authorities to carry out a comprehensive verification of all hawkers, including those alleged to be Bangladeshis, while permitting 99,435 vendors already found eligible to continue their trade in accordance with the law.

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The HC passed that order while hearing a suo motu plea concerning the menace of illegal hawking. Several other petitions raising similar concerns were also filed.

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