Bombay High Court Orders Verification Of All Hawkers Including Alleged Bangladeshis, Permits 99,435 Eligible Vendors To Continue Trade

Mumbai: Terming the prevailing situation of hawkers in the city as “deeply concerning,” the Bombay High Court on Monday 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.

Amicus Curiae Appointed

The court passed the order while hearing a suo motu plea concerning the menace of illegal hawking. It had appointed advocate Jamshed Mistry as amicus curiae (friend of the court) to assist in the matter. Several other petitions raising similar concerns were also filed.

A bench of Justices Ajey Gadkari and Kamal Khata instructed the Brihanmumbai Municipal Corporation (BMC) and the police to immediately verify the identity of all persons engaged in hawking, including those “alleged to be Bangladeshis or other non-Indian nationals.”

“The BMC and the police shall immediately undertake a thorough verification of the identity of all persons who operate stalls or carry on vending or hawking activities, or work as assistants or helpers to such stallholders, vendors, or hawkers,” the bench said.

Repatriation for Illegal Immigrants

The court clarified 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.

As part of its directions, the BMC has been asked to conduct a detailed inspection of all types of stalls—permanent, temporary, mobile, or vehicle-based—across Mumbai, irrespective of whether they obstruct traffic or pedestrian movement.

99,435 Vendors Permitted

On regulation, the court permitted 99,435 hawkers already declared eligible to operate strictly as per the guidelines laid down in various judgments. The remaining 29,008 applicants are to be verified within four months and may be “permitted to hawk on specified pitches or areas only,” if found eligible.

“No other hawkers, other than the 99,435 already found eligible and those who may be found eligible from the remaining 29,008, shall be permitted to carry on hawking activities, and only if they strictly adhere to the guidelines framed. All others shall be removed forthwith,” the court noted in its detailed 56-page judgment.

In the judgment, the High Court noted that street vendors continue to face serious hardship due to the absence of implementation of the statutory policy; at the same time, citizens face difficulties due to the “unchecked proliferation of hawking activities,” which has resulted in obstruction of public streets and footpaths.

Money, Power, and Politics

“The process appears to have become entangled in considerations of money, power, and politics rather than governance. More importantly, litigation at every stage has led to inordinate delay in the implementation of the Act,” the bench said, emphasising that the delay has caused persistent hardship to both citizens and vendors. “The conundrum must therefore be resolved without further delay.”

It further observed that although over eight years have been spent in constituting the Town Vending Committees (TVCs), neither have they been fully formed nor has the scheme mandated under the Act been framed. Each procedural step has consumed substantial time, effort, and public resources, leading to continued hardship.

Highlighting the issues faced by citizens, the court said: “The cumulative effect is a substantial erosion of the rights of citizens to free movement, safety, and an orderly civic life.”

Pilot Project Struggles

During the hearings, the court had asked the BMC to notify 20 designated hawker-free areas as a pilot project, to later be extended across the city. However, the judges noted that even this proved to be a difficult task.

“…even the limited directions issued by this Court to maintain twenty designated areas free from hawkers posed a considerable challenge to the State machinery,” the court said, adding that BMC officers carrying out enforcement drives had to be provided police protection, “underscoring the gravity and sensitivity of the situation at the ground level.”

The court then directed the “prompt constitution” of the Town Vending Committee without any delay, adding that the voters’ list can always be “revisited, scrutinised, and updated” once the TVC is duly constituted. “It cannot be said that the vendors are left unrepresented under the statutory scheme,” it added.

Upholding the TVC elections held on August 29, 2024, the court termed them valid and directed that the results be declared immediately. “To set aside the entire process at this juncture would only prolong the administrative vacuum for at least another three years,” it said.

Implementation in True Spirit

“The TVC shall take all necessary steps to implement the Street Vendors Act in its true letter and spirit,” the bench said, ruling out any interference with the voters’ list or the election process.

“Any further delay in the implementation of the Act would prove detrimental not only to the petitioners but equally to citizens at large, who continue to endure persistent daily hardship due to the non-implementation of the statutory framework,” the court underscored.

The High Court said it “cannot lose sight” of the substantial public expenditure already incurred in conducting the electoral exercise for constituting the TVC. “No further time, effort, or public resources ought to be expended on this exercise,” it said, adding that this is neither the first nor the final such exercise.

Nagpur as Pioneer

It also noted that while the process took approximately three years to reach fruition, a total of 280 TVCs have now been notified across the State, with Nagpur emerging as a pioneer in effective implementation of the statutory scheme.