The High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to immediately undertake verification of identities of hawkers and their helpers across Mumbai and act against illegal immigrants, including those alleged to be Bangladeshis or non-Indian nationals operating stalls on roads and footpaths.
The court also ordered a “comprehensive inspection and scrutiny” of all temporary and permanent stalls to assess whether they obstruct pedestrian or vehicular movement. It warned that failure to act would result in personal liability of the officers concerned.
What led to the court’s intervention?
A bench of Justices Ajey S Gadkari and Kamal R Khata was hearing petitions seeking effective implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, as well as challenges to the August 2024 elections for the Town Vending Committee (TVC), which regulates street vendors.
One of the petitioners, the Maharashtra Hawker Sangh, affiliated to the Bharatiya Mazdoor Sangh, argued that illegal immigrants from Bangladesh were allegedly engaged in hawking across the city, causing concern for residents and triggering friction with local vendors.
It said that despite complaints to the BMC and police, no effective action was taken. The issue has also gained political traction, with Mumbai Mayor Ritu Tawde and other BJP leaders calling illegal Bangladeshi hawkers a “key concern”.
What concerns did the court highlight?
The bench said that if the allegations prove true, it would be a “matter of grave concern” requiring immediate attention. It observed that ignoring the issue would be “thoroughly imprudent and insensitive”, allowing it to fester and potentially lead to more serious consequences.
Describing the situation as “deeply disconcerting”, the court noted that illegal hawking has led to pedestrians being unable to use footpaths, forcing them onto carriageways and exposing them to risk. Women and children “bear the brunt” and face constant danger, while senior citizens and specially abled persons find it “virtually impossible” to move safely.
The court also flagged overcrowded areas leading to instances of inappropriate physical contact affecting women, obstruction to emergency services such as ambulances and fire brigades, blocking of shop entrances impacting livelihoods, and even assaults by hawkers, including a brutal attack on an elderly man. It added that parking spaces are rendered inaccessible and that areas around railway stations are heavily encroached, causing severe congestion and delays for commuters.
What broader pattern and impact did the court note?
The court took note of submissions that temporary hawking often evolves into unauthorised permanent structures, followed by demands for regularisation or compensation under the guise of development or rehabilitation.
It said the “cumulative effect” of these issues is a “substantial erosion” of citizens’ rights to free movement, safety and an orderly civic life. The bench also observed that even maintaining 20 designated hawker-free zones had posed a considerable challenge to authorities, underscoring the gravity and sensitivity of the situation on the ground.
What further directions were issued?
The court stressed the need for prompt constitution of the Town Vending Committee and directed that valid results of the August 2024 elections be declared. It said voter lists can be revisited after the TVC is formed and allowed 99,435 eligible persons to hawk strictly as per guidelines.
It also directed the BMC and police to immediately verify the identities of hawkers and take action against illegal immigrants identified through the process, as part of a broader effort to regulate hawking and ensure compliance with the law.
The court said that illegal hawking has led to pedestrians being unable to use footpaths. Unsplash 
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