Mumbai: The Brihanmumbai Municipal corporation (BMC) informed the Bombay High Court on Tuesday that it has identified 20 areas in the city and it was keeping regular vigilance to ensure that illegal hawkers and vendors do not put up their stalls.
BMC counsel Anil Singh submitted an affidavit pursuant to earlier High court directives asking the civic body to find a solution to the illegal hawking menace. On the last occasion, the HC had asked BMC to identify 20 areas in a pilot basis and then replicate the same in the rest of the city.
The court had taken suo Motu (on its own) cognisance of the issue, while hearing a 2022 petition by mobile shop owners in Borivali, who claimed that access to their shops was blocked by illegal hawkers. The court has since been monitoring the actions of the state, the BMC and the police regarding various complaints against the “hawkers menace”.
The BMC and the state government filed their affidavits stating steps taken by them against unauthorised hawkers and vendors and steps it proposes to undertake to ensure the issue does not recur.
The corporation claimed that it is undertaking daily checks in all the wards to ensure hawkers do not set up their stalls without the requisite permissions. “Also, an area of 150 meters around the railway stations is being maintained as a ‘hawker-free zone’ with the help of encroachment removal vans along with the staff,” the BMC affidavit said. Additionally, hawking zones have been earmarked in certain areas, the BMC affidavit said.
For keeping access clear for shops and establishments, the BMC said it is taking steps to ensure hawking is done in area of one meter X one meter and carried on only on the extreme sides of the carriageway, in such a manner that “access to shops and residences is not blocked and pedestrian and vehicular traffic”.
During the period January 2023 to June 2024, in Mumbai around 198 licensees' security deposits have been forfeited by the BMC for violation of licence conditions.
For the long term solution, the BMC said it is simultaneously working on the preparation of draft Scheme, bye laws and plan of Street Vending. The court noted that Unauthorised hawkers and vendors on public roads and footpaths was a mammoth problem and asked the authorities to take proactive steps
The bench emphasised that no one should suffer. "No one should suffer...the public should not suffer...shop owners should not suffer...hawkers with legal and valid license should also not suffer," a bench of Justices MS Sonak and Kamal Khata said.
When Singh said they have identified 20 areas, the bench remarked that time and place management of hawkers would help. "The problem is mammoth. Hence there has to be some proactive measures," the court underlined.
However, the Counsel for hawkers union, Gayatri Singh, submitted that the BMC was forcibly removing even those hawkers and vendors who hold valid license.
The Judges remarked that too was a concern. "We understand that you (hawkers with legal license) have your own set of difficulties. Whoever has permission should be given full protection. The ones who don't have permission overwhelm everybody else," the court said. The then asked the union to file an affidavit.
For Town Vending Committee, the BMC said the lottery draw for determining the women’s reservations was held on 29.07.2024 at 4.00 p.m. and the proportion of reservation was finalized by the Returning Officer. The Returning Officer will declare the election program for Town Vending Committees (i.e. | main Town Vending Committee and 7 Zonal Vending Committees) within a week’s time. All endeavours will be made to complete the election process by the end of August, 2024.
