Mumbai: The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) and police to undertake a comprehensive verification of all hawkers in the city, including those suspected to be illegal immigrants.
A bench of Justices Ajey Gadkari and Kamal Khata passed the order while hearing a suo motu plea concerning the menace of illegal hawking. The court had appointed advocate Jamshed Mistry as amicus curiae (friend of the court) to assist in the matter. Several other petitions were also filed raising similar concerns.
“The BMC and the Police shall immediately undertake a thorough verification of the identity of all persons, including those alleged to be Bangladeshis or other non-Indian nationals, who operate stalls or carry on vending or hawking activities,” the bench said. The direction also covers assistants and helpers working with such vendors.
The court further stated that if any individual is found to be an illegal immigrant, “appropriate action shall be taken in accordance with law, including steps for repatriation by the competent authorities.”
Emphasising accountability, the bench warned that officers concerned would be held personally liable for any failure to carry out the directions.
The BMC has also been instructed to conduct a detailed inspection of all permanent and temporary stalls — whether stationary, mobile, or vehicle-based — across the city, irrespective of whether they obstruct pedestrian or vehicular movement.
The court declined a request by hawkers’ advocates to extend the stay on the implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, observing that no further delay was warranted even if the order was to be challenged before the Supreme Court.
On the issue of the Town Vending Committee (TVC), the court upheld the elections conducted on August 29, 2024, stating they were in accordance with the law. “The elections… are held to be valid. The TVC shall take all necessary steps to implement the Street Vendors Act, in its true letter and spirit,” the bench noted.
It directed that the election results be declared immediately and ruled that no interference was required with either the voters’ list or the election process.
The court also permitted 99,435 hawkers found eligible to continue their trade strictly as per existing guidelines. The remaining 29,008 applicants are to be verified within four months and may be allowed to operate only in designated areas if found eligible.
“No other hawkers… shall be permitted to carry on hawking activities… All others shall be removed forthwith,” the court ordered, reinforcing that only authorised vendors adhering to prescribed norms would be allowed to operate.
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