Beach not shopping mall or bazaar, Madras High Court caps shops at Marina beach to 300, orders hawker-free zones
The court was hearing a plea seeking allotment and relocation of a shop at the beach when it directed that only three categories of items, eatables, toys and related goods, should be sold there.
Taking into account space availability and public need, the Madras High Court capped the total number of shops at 300, with 100 shops each for eatables, toys, and fancy goods or souvenirs. (Image enhanced using AI)
The Madras High Court on Thursday directed the Greater Chennai Corporation (GCC) to restrict the number of shops at Marina beach to 300 instead of over 1000 observing that the iconic beach is not “a shopping mall or a shopping bazaar” but is meant for recreation.
A bench of Justices R Suresh Kumar and A D Jagadish Chandira was hearing a writ petition seeking allotment and relocation of a shop at the beach and observed that only three categories of items — eatables, toys and fancy items or souvenirs, particularly for children and women — should be sold there.
“Except these three categories of items, no other goods are needed to be sold at the Marina Beach, as any other materials to be sold at the Beach area is clearly an unwarranted exercise to be undertaken, as the Beach is not a shopping mall or a shopping bazaar,” the court said on January 8.
It added that the beach is only for the purpose of being a recreational area for the public, especially, the children and women who visit the beach in large numbers on the weekend and in holidays to have a glimpse of its beauty which is considered to be the second longest beach in the World.
The matter has been posted to January 20, for further consideration and approval of the plan.
If developed as a hawker-free zone with international-standard facilities, the Madras High Court said, it would help restore its “lost glory and fame”. (Image enhanced using AI)
Background
The writ petition was filed by S Devi, a street vendor, seeking a direction to the GCC to consider her representation dated July 5, 2025 for allotment of a shop and relocation of the same at the beach.
The plea arose in the backdrop of large-scale regulation and eviction of hawkers along the Marina shoreline, which the civic authorities justified on environmental, safety and public-order considerations.
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Over time, concerns had been raised before the high court regarding the mushrooming of unauthorised stalls, congestion, sanitation issues and the adverse impact of hawking activities on the aesthetic and recreational character of the beach, which is one of the city’s most prominent public spaces.
Taking into account space availability and public need, the court capped the total number of shops at 300, with 100 shops each for eatables, toys, and fancy items or souvenirs.
The court said that a large central stretch of the beach over 100 acres between Bharat Scout Road and the Parthasarathy Temple area could be developed as a major ‘Blue Flag’ area.
The GCC has been asked to submit a freshly redrafted plan incorporating the three Blue Flag areas and the 300-shop limit.
If developed as a hawker-free zone with international-standard facilities, the bench said, it would help restore its “lost glory and fame”.
In addition to the already proposed zones, the court favoured creating a larger consolidated area by merging some of the planned zones, while ensuring that all the Blue Flag areas remain completely free of hawkers.
The bench allowed the GCC limited flexibility to redistribute numbers among the three categories based on actual demand.
No shops will be allowed outside these designated zones, the bench said.
As the number of shops is being drastically reduced, the court directed that allotment must be done only through a draw of lots, the court said
The process will be conducted by the GCC under the strict supervision of a former judge of the high court, to ensure transparency and fairness, it said.
Submissions
Advocate General P S Raman, appearing for the GCC, during the previous hearing, informed the court that drone-based enumeration showed 1,417 shops along the beach.
A revised plan later reduced the number to 1,006 shops, arranged in perpendicular rows along the stretch of the beach.
Senior law officers appearing for the state and the GCC also placed the revised sketch before the court and discussed the proposal with the commissioner of the GCC.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
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Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
If developed as a hawker-free zone with international-standard facilities, the Madras High Court said, it would help restore its “lost glory and fame”. (Image enhanced using AI)
