“Unauthorised Hawkers A Mammoth Problem, Need Proactive Measures”: Bombay HC

Bombay High Court

The Bombay High Court on Tuesday addressed the significant issue of unauthorized hawkers and vendors on public roads and footpaths, urging authorities to take proactive measures.

A division bench comprising Justices M S Sonak and Kamal Khata expressed concern that the problem should not adversely impact the public, shop owners, or licensed hawkers. “No one should suffer… public should not suffer… shop owners should not suffer… hawkers with a legal and valid license should also not suffer,” the court stated.

Last year, the high court initiated suo motu proceedings to address the issue of illegal hawking in Mumbai. The Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government submitted affidavits detailing their actions against unauthorized hawkers and their plans to prevent future occurrences.

BMC’s counsel, Anil Singh, reported that, following previous court orders, 20 areas in the city had been identified for regular monitoring to prevent unauthorized hawking. The court emphasized the need for effective time and place management to tackle the vast scale of the problem. “The problem is mammoth. Hence, there have to be some proactive measures,” the bench remarked.

Senior counsel Gayatri Singh, representing the hawkers’ union, informed the court that even licensed hawkers are being forcibly removed by civic authorities. The court responded, “We understand that you (licensed hawkers) 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 directed the union to submit an affidavit and scheduled the next hearing for Thursday. The BMC’s affidavit indicated that daily inspections are conducted across all wards to prevent unauthorized stalls. Additionally, it mentioned that an area of 150 meters around suburban railway stations is kept free of hawkers and that designated hawking zones have been established in certain locations.