'Where Should The Common Man Go?': Bombay HC Raps State, BMC Over Inaction Against Illegal Hawkers

Mumbai, April 21: The Bombay High Court on Tuesday pulled up the State government and the Brihanmumbai Municipal Corporation (BMC) over continued inaction against illegal hawkers in the city, questioning: “Where should the common man go?”

Court expresses displeasure

A bench of Justices Ajay Gadkari and Kamal Khata expressed displeasure after receiving a ground report on encroachments in south Mumbai. Earlier in the day, the court had directed senior advocate Jamshed Mistry, who was appointed as amicus curiae (friend of the court), and BMC advocate Chaitanya Chavan to inspect the stretch from Chhatrapati Shivaji Maharaj Terminus (CST) to the High Court and submit a report by evening, with police protection.

Ground report highlights issues

Submitting their findings, the advocates informed the bench that the CST-to-High Court road was “mostly clear”. However, Mistry flagged serious issues at Colaba Causeway, describing it as “the worst”.

“The stalls are very close to each other. When asked, the hawkers said they have been surveyed by the BMC. We saw numbers on the stalls, which we have given to the BMC. It (BMC) will check now,” he said.

Inspection ordered after complaint

The HC had asked the advocates to conduct inspection following a grievance raised by BJP corporator Harsh Patel, who alleged failure by civic authorities to act against illegal hawking despite repeated court orders. Patel pointed out that hawkers continue to occupy spaces within 50 metres of railway stations, schools, hospitals, and temples, in violation of norms.

Civic body, police pass responsibility

During the hearing, BMC’s advocate Chavan said civic teams regularly clear encroachments, but hawkers return soon after officials leave. “It is the duty of the police to take action after the civic officials leave. We have written to them to patrol and ensure that illegal hawkers do not return,” he submitted.

However, Government Pleader Anjali Helekar disputed this stand, saying civic officials must remain present during enforcement. “The civic officials cannot just leave the site. They need to be with the police during patrolling,” she said, adding that the police can only assist the BMC and provide protection when asked by the civic body.

Bench questions state machinery

The bench, visibly irked, remarked: “The police and the BMC are not doing anything. Where will the common man go?” It also questioned the State’s approach, asking, “Are you trying to suggest that the State of Maharashtra does not know how to take action? Can you say that you don’t know who is an illegal hawker?”

The judges noted that multiple directions had been issued earlier, including by the Supreme Court, yet the situation remained “as it is”.

Petitions highlight ongoing issue

The HC was hearing a batch of petitions highlighting the menace by illegal hawkers, including by the Goregaon Merchants Association, representing around 1,200 shopkeepers, who have complained of obstruction to shops and loss of business due to hawkers.

The High Court had earlier directed authorities to strictly enforce hawking regulations under the Street Vendors Act and implement the Town Vending Committee scheme.

Mistry said that in order to curb the menace, a “comprehensive inquiry” may be required.

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Next hearing scheduled

The bench has directed authorities to take instructions and kept the matter for further hearing next week.

On March 23, the HC had termed the prevailing situation of hawkers in the city as “deeply concerning”, and directed the BMC and police to carry out a comprehensive verification of all hawkers, including alleged Bangladeshis.

It underlined that if any individual is found to be an illegal immigrant, “appropriate legal action, including steps for repatriation, will be taken”. The officers concerned would be held personally liable for any failure to carry out the directions, the court warned.

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