Bombay HC on illegal hawkers in city: Where should citizens go if authorities shirk responsibility?

On Tuesday afternoon, after BJP Goregaon corporator Harsh Patel pointed BMC’s inaction against illegal hawkers vending near railway stations, schools among others, the judges asked advocates Jamshed Mistry and Chaitanya Chavan to visit area from CSMT station to HC building in Fort area to ascertain if it is free from illegal hawkers and give a report after 5 pm on Tuesday.

Petitioners alleged inaction despite March 23 order for action against illegal hawkers and their helpers including Bangladeshi nationals or non-Indian residents.

After 5 pm on Thursday, Mistry and Chavan told the judges that the road and footpaths they visited were “quite clear”

“We even asked them show us license and most of them had valid licenses. When we came to Flora Fountain (Hutatma Chowk) area, obviously the word seemed to have spread. The biggest concern is Colaba area and there is absolutely no question about it. Some of the hawkers there said they do not have license,” Mistry told the bench.

Chavan said that regular actions were being taken against errant hawkers by BMC officials, however, they set to return after the BMC drive, which is a constant problem faced by the civic officials and they cannot monitor 24×7 hours, which the Police are required to do as per court orders. However, the state lawyer insisted on presence of civic officials when Police patrol such sites.

“Are you trying to suggest that the State of Maharashtra does not know how to take action? Can you say that you do not know who is an illegal hawker? When the State is not taking its responsibility and is not following Supreme Court and HC orders , where should the common citizens go? The state and the civic officials are frustrating the orders. What do you expect the citizens to do?  If you are saying you have complied with court orders, why are petitioners coming to court?,” the judges orally questioned the authorities.

The judges then sought proper security from police to civic officials during visits and ensure the illegal hawkers do not return. Seeking Police’s plan of action, HC posted further hearing to April 28.