Bombay HC Questions Allowing Stalls Outside Mantralaya Over Hawking Issue

The Bombay High Court on Monday has sharply criticized police and civic authorities for their failure to address the ongoing issue of illegal hawking.

The court questioned whether such vendors would be tolerated outside the Mantralaya or the governor’s residence, emphasizing the need for a permanent solution rather than temporary fixes.

Justices M. S. Sonka and Kamal Khata, forming a division bench, expressed frustration over the recurring problem of unauthorized vendors. They stressed that authorities can’t continue to claim helplessness. “There must be a stop, and it cannot keep recurring blatantly,” the court declared.

The judges also criticized the lack of action from civic bodies and police in response to complaints about illegal hawkers. “You (authorities) want citizens to come and sit in court every day? This is sheer harassment of people. This is complete lawlessness,” the court said. They highlighted the issue of law-abiding citizens suffering while the state machinery fails to act. The bench suggested that if illegal hawking occurred near high-profile locations like the Mantralaya or the governor’s house, it would likely be addressed promptly due to heightened security.

The court had previously taken suo motu cognizance of the issue last year and, last month, directed the Brihanmumbai Municipal Corporation and the police to submit detailed affidavits outlining their actions against illegal vendors and preventive measures.

BMC counsel Anil Singh and government pleader Purnima Kantharia requested more time to file their affidavits. The bench, displeased with the delay, remarked that if the authorities cannot comply with court orders, they might as well close the case. “Burn the midnight oil and file an affidavit within a week,” the court instructed, scheduling the next hearing for July 30.

In a sarcastic remark, the bench questioned if the Army should be called in due to the failure of police and civic authorities to manage the issue. The court had previously noted that hawkers and street vendors have effectively taken over public spaces, forcing pedestrians to navigate between unauthorized stalls and poorly parked vehicles.

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