Mumbai, April 15, 2026: The Bombay High Court on Wednesday questioned the State government and the Brihanmumbai Municipal Corporation (BMC) over their inability to keep footpaths in the city free from illegal hawkers, particularly around railway stations and busy commercial areas.
Merchants raise concerns over business losses
A bench of Justices Ajey Gadkari and Kamal Khata was hearing a petition filed by the Goregaon Merchants Association, which represents around 1,200 shopkeepers in the western suburb.
The association has sought action against illegal hawkers allegedly occupying footpaths and obstructing access to shops, resulting in loss of business.
Court flags repeated complaints
During the hearing, the court expressed concern over recurring complaints by shopkeepers and the apparent inaction by authorities. “Someone is repeatedly making complaints. They are not taken care of,” the bench observed.
State cites action, legal limitations
Appearing for the State, Public Prosecutor Poornima Kantharia submitted that there were “allegations and counter-allegations” between the parties and claimed that action had been taken against hawkers whenever required. “We have records to show that all hawkers have been removed with the help of police. As and when the BMC calls us, we (police) go,” she said.
When the bench asked why the illegal hawkers were not detained, Kantharia said there was no provision under any Act to detain hawkers.
Amicus points to prior court directions
However, senior advocate Jamshed Mistry, appointed as amicus curiae in a related suo motu PIL on hawkers, pointed out that the court has passed several orders directing action against illegal and unauthorised hawkers.
BMC cites patrolling near railway stations
The BMC advocate argued that the area in question falls within 150 metres of a railway station, and patrolling is carried out regularly.
Court questions enforcement effectiveness
However, Justice Khata was unconvinced and questioned the effectiveness of such measures. “What is the problem? Why are you not able to do what you are supposed to do?” he asked, pointing out that hawkers often occupy entire stretches of footpaths, forcing customers to turn away. “If there is no way to enter a shop, customers will go elsewhere. The shopkeeper is losing business,” he noted.
Allegations of harassment and tip-offs
The petitioner’s advocate Bahraiz Irani highlighted instances of alleged harassment, including damage to vehicles and shop property, and claimed that multiple FIRs had been registered against some hawkers. It was also alleged that prior warnings of enforcement drives were tipped off, allowing hawkers to evade action.
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Citywide issue near railway stations
Mistry told the court that illegal hawking was rampant near railway stations across the city. “Conditions outside every railway station show how open spaces are taken over,” he said.
Next hearing scheduled
The court has directed the BMC to file an affidavit detailing the steps taken and adjourned the matter to April 21.
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