‘Collapse of machinery’: Bombay High Court pulls up police, BMC for failing to curb unauthorised hawkers

A division bench of Justices M S Sonak and Kamal R Khata was hearing a suo motu plea initiated by the court in February last year after two shop owners from Borivali (east) complained that several unauthorised stalls had come up in front of their shops.

Last month, the bench observed that unauthorised hawkers have “virtually taken over street lanes and bylanes” in Mumbai with “no place for people to walk on footpaths”. It had also pulled up the police for failing to act against them and said roads are cleared only during the visits of the Prime Minister and other VVIPs.

On Monday, the bench noted that the BMC and police authorities have ‘not bothered’ to file affidavits in reply as directed by it explaining the action taken against illegal hawking and the reasons for not filing them were not convincing.

After one of the petitioner shopkeepers complained about not removing unauthorised hawkers outside his shop, Justice Khata said, “What does the police do then? We need to know that… You are saying the police are unable to remove and we have to bring in the army? We have to have an answer to this. It cannot be recurring. The police cannot say let crime be committed, but we (police) cannot do anything. What is the answer to this (illegal hawkers coming up outside the shop again? There has to be a solution or stop to this.”

Justice Khata said, “You (authorities) expect every single citizen (as a petitioner) to approach in court every single day to enforce rights and say BMC, MHADA, police are not working and nobody responded to our messages (therefore had to approach court). This is just sheer harassment of people…Nobody (no authority) works. Is this the way lawlessness is going to continue?”

Justice Khata said there has to be a limit to the excuses given by authorities not to take action or file affidavits in reply. “Those who want to abide by the law, they have to suffer. Entire state machinery has collapsed. If you (authorities) can’t do it, you shut your office. Or shut down the courts. Brazenly people come (unauthorised hawkers). Every single day, you expect a shopkeeper to come to court? Or, he has to have security guards with guns?” the bench questioned.

The court emphasised that eligible hawkers cannot be made to suffer, and a permanent solution was required only against those who are not licensed.

After government pleader Purnima H Kantharia for the state police and senior advocate Anil Singh for the BMC sought more time to file replies, the bench said ‘it was a serious matter’ and the officers were required to ‘burn midnight oil’ and file affidavits within a week without giving any further excuses and posted further hearing to July 30.

It also said if the replies are unsatisfactory, it may consider appointing a court commissioner to examine the issue and also ask the chief secretary of Maharashtra to take up the issue and monitor it on a regular basis.

Justice Sonak also said if the government system is not properly working, the court can also consider directing authorities to consider five specific areas in the city as a ‘test case’ to ensure the law against illegal hawking is enforced.