Unauthorised hawkers a mammoth problem; need proactive measures, says Bombay HC

Bombay High Court. File Pic

Unauthorised hawkers in Mumbai and vendors on public roads and footpaths were a mammoth problem, the Bombay High Court said on Tuesday, calling for proactive measures from the authorities, reported news agency PTI.

A division bench of Justices M S Sonak and Kamal Khata said its concern was that nobody should suffer.

"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 said, reported PTI.

Last year, the high court took suo motu (on its own) cognisance of the problem of illegal and unauthorised hawkers in Mumbai.

The Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government on Tuesday submitted their affidavits, informing the court about steps they have taken against unauthorised hawkers in Mumbai and vendors and what they propose to do to ensure the problem does not recur, reported PTI.

BMC's counsel, Anil Singh, submitted that as per earlier directives from the court, 20 areas in the city were identified, and regular vigilance was kept to ensure hawkers do not set up their stalls without authorisation, reported PTI.

The court said time and place management would help.

"The problem is mammoth. Hence, there have to be some proactive measures," the bench said, reported PTI.

Senior counsel Gayatri Singh, appearing for the hawkers union, told the court that hawkers and vendors who hold valid licences are also forcibly removed by the civic authorities.

To this, the court said, "We understand that you (hawkers holding legal licences) have your own set of difficulties. Whoever has permission should be given full protection. The ones who don't have permission overwhelm everybody else," reported PTI.

The bench directed the union to file an affidavit and posted the matter for further hearing on Thursday.

The BMC, in its affidavit, said daily checks are carried out in all wards to ensure no hawker puts up stalls without the requisite permissions.

An area of 150 meters around suburban railway stations is kept hawker-free, it said, adding that hawking zones have been earmarked in certain places.

Earlier, the Bombay High Court asked police if vendors would be allowed to put up stalls outside the Mantralaya or the governor's house and heavily criticised the police and civic authorities for their inability to find a solution for the illegal hawking menace.

According to the PTI report, the division bench of Justices M S Sonka and Kamal Khata said if the issue of illegal hawkers and vendors was a recurring problem, a permanent solution was required, and the authorities could not claim to be helpless.

The court said there must be a stop, and it cannot keep recurring blatantly, reported PTI.

It also lamented the fact that the civic bodies and police authorities do not take any action on citizens' complaints against illegal and unauthorised hawkers and vendors.

(With inputs from PTI)