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This is an archive article published on July 31, 2024

‘Mammoth problem’: Rs 5.14 cr from fines in last 2 yrs from action on illegal hawkers, BMC tells HC

Civic body 'to keep 20 areas free of illegal hawkers'

illegal hawkersOn July 22, a division bench of Justices Mahesh S Sonak and Justice Kamal R Khata had come down heavily on the police and BMC over the "collapse of machinery" in curbing unauthorised hawkers. (File Photo)

Brihanmumbai Municipal Corporation (BMC) on Tuesday informed the Bombay High Court that it has collected nearly Rs. 5.14 crore from June 2022 to May 2024, through penalties and auctions of goods and redemption charges imposed while taking action against unlicensed hawkers to remove their encroachments.

The BMC, while responding to the court’s query on action taken against illegal hawkers in the last two years, stated that it identified 20 of the most congested areas or streets in the city where complaints of illegal hawkers come from. The civic body also said that continuous supervision during peak hours of these areas was finalised to ensure they were kept free from illegal hawkers. It said continuous vigilance was required to ensure illegal hawkers do not return these spots.

The court, while hearing a suo motu plea related to unauthorised hawkers/stalls in the city, observed that unauthorised vending was a “mammoth” problem and proactive measures must be taken by authorities so that no one suffers due to the pervasive issue.

On July 22, a division bench of Justices Mahesh S Sonak and Justice Kamal R Khata had come down heavily on the police and BMC over the “collapse of machinery” in curbing unauthorised hawkers.

On Tuesday, senior advocate Anil Singh for BMC submitted an affidavit by Anil Kate, superintendent of its licence department, which stated that between January 2023 and June 2024, security deposits of nearly 198 licencees were forfeited for violating terms. The BMC submitted that a joint meeting of BMC and police authorities had been conducted last month, after which 20 most congested areas were demarcated and were kept under regular supervision. The areas include those near Churchgate, CSMT, Dadar, Andheri, Malad, Borivali, Ghatkopar and Kurla railway stations along with Colaba causeway, Mohammed Ali Road, LBS Marg, Hill Road- Bandra (West) and Linking road and Lalbaug.

The affidavit further stated that through 1,64,847 actions undertaken from June 2022 to May 2023 against encroachments of 1.64 lakh unlicensed hawkers, Rs. 2.44 crore were collected through penalties, auctions and redemption charges. In the period from June 2023 to May 2024, the total collection went up to Rs. 2.7 crore through 1, 72,523 actions against 1.72 lakh hawkers. The civic body however noted that it had estimated fine collections from encroachments by unlicensed hawkers for 2022-2023 as Rs 130.63 crore and Rs 123.99 crore for 2023-24.

The civic body further assured that “all endeavours will be made to complete the election process for Town Vending Committee (TVC) by the end of August, 2024”.

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Senior advocate Gayatri Singh, representing Hawkers’ Union, argued that licenced hawkers who are eligible for vending in certain areas were forcibly thrown out by the civic body. The bench said that those with permissions should be given full protection.

“We are concerned about it… We can have everybody on roads… none should suffer, the public should not suffer, shop owners should not and hawkers with license should also not suffer… We made it clear (in last orders) that people should feel secure with hawkers (licensed) around and that they should not feel insecure. It is like that everywhere around the world,” Justice Khata remarked.

“It is not that the problem is not mammoth… If we have some time limits, time management, place management, then things can work out,” said Justice Sonak and posted the matter for further hearing to Thursday.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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