Mumbai, April 28: The Bombay High Court on Tuesday came down heavily on the state government and civic authorities over their continued failure to act against illegal hawkers, calling the approach an “eyewash”. It also remarked that there is “no will” on the part of the authorities to implement its earlier orders in respect of removal of illegal and unauthorised hawkers.
Court criticises authorities’ inaction
A bench of Justices Ajey Gadkari and Kamal Khata expressed strong displeasure during the hearing of a batch of petitions concerning illegal hawking across Mumbai. “What you do is a complete eyewash. Every time we ask something, you just read out earlier orders. Don’t read and tell us the orders. Tell us whether you are going to implement them,” the judges said.
State cites lack of powers
Advocate Anjali Helekar, appearing for the state government, submitted that the state lacked the powers to act directly against illegal hawkers and that such authority rested with the Brihanmumbai Municipal Corporation (BMC). The bench, however, rejected the explanation, stating that if the state believed it had no powers, it should say so clearly instead of repeatedly referring to past directions.
Police powers highlighted
Senior Advocate Jamshed Mistry, who was appointed as amicus curiae, and Senior Advocate Sharan Jagtiani, representing one of the petitioners, countered the state’s stand by pointing out that the police have powers under the Bombay Police Act to remove illegal hawkers. There are enough orders by the High Court to show that the BMC and state are jointly and severally liable to ensure court orders are implemented, Mistry said.
The court agreed, noting that both the police and the civic body conduct drives to identify illegal hawkers, but questioned the lack of follow-up action. “If they (illegal hawkers) come back the next day, how can you (state) not act?” the bench asked. The state maintained that only the BMC can identify and act against such hawkers and police only provides protection to the BMC officers.
Bench says illegality supported
The court criticised what it described as a pattern of helplessness displayed by the authorities. “The state’s approach is — we can’t do anything. We are helpless. It is a complete shame that we have to tell the state that it has powers to act,” the bench observed, adding that “illegality is supported by the state” while law-abiding citizens continue to suffer.
Goregaon protest mentioned
During the hearing, the state informed the court that when authorities attempted to act against illegal hawkers in Goregaon, the hawkers staged a rally in protest. Reacting sharply, the bench said, “They are illegal and they take out a rally against action against them?”
Town vending panels and policy
The court was also told that GRs have been issued for formation of town vending committees and a new policy with regard to hawking would soon be implemented. Taking note, the bench directed the state to apprise it of the status by the next hearing.
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Petitions by traders and corporator
The court was hearing petitions, including one by the Goregaon Merchants Association representing around 1,200 shopkeepers, who have alleged obstruction to their shops and loss of business due to encroachments.
The matter also stems from complaints raised by BJP corporator Harsh Patel, who flagged continued violations near railway stations, schools, hospitals and temples despite court orders.
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