Entire Mumbai Has Been Encroached By Hawkers, State Cannot Express Helplessness: High Court Pulls Up State Govt, Mumbai Police

The Bombay High Court while pulling up the Maharashtra government, Mumbai Police and also the Brihanmumbai Municipal Corporation (BMC), observed that the there is not a single lane in entire Mumbai which is free from hawkers.

A division bench of Justices Ajay Gadkari and Kamal Khata said the entire city is encroached by illegal hawkers thereby making it difficult for the citizens to walk freely on the streets.

"Entire city is full of hawkers, not a single lane, no shop not a single shopping area is left. One child has even died. There entire city is encroached by these unauthorised hawkers," Justice Khata remarked orally while hearing a suo motu PIL and other bunch of petitions regarding the menace of unauthorised hawkers.

The judge made the remark after Government Pleader Purnima Kantharia submitted that the police personnel deployed on duty to take action against illegal hawkers, cannot go and ask the hawkers, if they are having a licence or not.

Notably, the licensed hawkers, are not to be evicted and the instant proceedings is only with regards to the menace of illegal hawkers, who have no licence. 

The judges, pulled up Kantharia for her submission, stating that nothing stops the personnel from asking the licence of hawkers and act against those, who do not have one.

"We are on removing them once and for all and they ought not to come back... There have to be beat marshals to remove them but if they continue to come back there is some problem on your part. We are of the opinion that all the government agencies - BMC and Mumbai Police, must act in tandem...When your officer goes to a particular place, he can ask about the licence if they don't have they can remove them," the judges observed.

Further, the bench made it clear that it will not appreciate the State expressing helplessness over this issue and that it does not want the hawkers to return even after being evicted. 

"We cannot hear from the State that it cannot stop all these issues or the menace... you are the State of Maharashtra, you have to control them you cannot be helpless... If the existing force is not sufficient then call for extra police from reserve force. But we do not want the hawkers to keep returning to the sites even after removing them," Justice Gadkari told Kantharia. 

Weighing in, Justice Khata emphasised, "You know madam, the biggest problem is that inspite of eviction by BMC officers, inspect of your constables sitting at the sites, these hawkers are returning. You need to take some better steps and be more vigilant."

During the hearing, a counsel highlighted the issue of licensed hawkers being harassed by the civic officials, especially at the prominent Colaba Causeway market area in South Mumbai, which is mostly visited by foreigners.

Speaking about the issue in this market, Kantharia apprised the bench of the fact that here licensed hawkers have exceeded the size of shops/sites allotted to them, which causes too much of crowd at the market site. 

"At Colaba area extra caution is needed because several foreigners are there and within fractions of seconds pick-pocketing takes place there. So these hawkers, even if licensed, must operate within the size of shops or sites allotted to them," the Government Pleader told the judges. 

Responding to this, the counsel assured the judges that his clients would ensure that they do not exceed the size of their sites or shops and operate within what is allotted to them. 

Meanwhile senior counsel Mihir Desai, representing an association of hawkers also intervened in the proceedings informing the bench that the issue of illegal hawking may come to an end once a Town Vending Committee is elected and it identifies the 'eligible' hawkers. The submission was backed by other counsel representing various associations of hawkers.

The judges, said it will deal with the detailed submissions of the hawkers' associations on December 12. Till then, the bench has ordered the BMC and the Mumbai Police to keep a strict and continuous vigil on the 20 sites, initially identified by the civic body, for taking action against illegal hawkers as a 'pilot project.'

Following are the sites:

• CSMT to Bombay High Court
• Churchgate Station to Bombay High Court,
• Colaba Causeway,
• Dadar Station West & East,
• Dadat TT Circle,
• Lalbaugcha Raja Area,
• Andheri West & East,
• Mathurdas Road,
• Malad Station West,
• Boriwali Station West,
• Bharucha Road,
• Kurla Station West,
• Linking Road West,
• Hill Road, Bandra West,
• Ghatkopar Station West & East,
• L.T Marg,
• Mohammad Ali Road  &
• LBS Road