The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation to undertake a thorough verification of all hawkers and their helpers in Mumbai.
A division bench of Justices Ajey S Gadkari and Kamal R. Khata passed the ruling on a batch of pleas raising concerns over unauthorised hawkers in the state capital.
The HC passed a judgment after considering petitioners’ arguments claiming infiltration by foreign nationals indulging in illegal hawking and causing problems even for the local hawkers and no effective action has been taken against them despite complaints to BMC and police.
“Such a grievance, if borne out, is indeed a matter of grave concern and warrants immediate attention not only by the concerned authorities but also by this court, which is seized of this matter. It would be thoroughly imprudent and insensitive for the court to ignore the prevailing hazards and the consequences of inaction, allowing the issue to fester until it ultimately confronts the state with far graver consequences,” the court observed.
“The prevailing situation is deeply disconcerting. Citizens are increasingly confronted with serious and recurring impediments in their daily lives,” the bench noted. It added that pedestrians using footpaths, women, children and senior citizens “bear brunt of such conditions”. The bench also said the “senior citizens and persons with disabilities find it virtually impossible to step out of their homes with safety and dignity.”
“Overcrowded areas with high footfall create situations where instances of inappropriate physical contact, particularly affecting women, are reported, with little practical recourse in such circumstances,” the bench noted. It added that residents “experience difficulty in accessing buildings abutting public roads” and emergency services including fire bridges and ambulances are unable to access residential societies.
Seeking action against “illegal immigrants” indulging in hawking activities, the HC warned that failure to undertake necessary action will entail personal liability on the part of all officers concerned.
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The court noted, “The BMC and police shall immediately undertake a thorough verification of the identity of all persons, including those alleged to be Bangladeshis or other non-Indian nationals, who operate stalls or carry on vending or hawking activities or work as assistants or helpers of such stallholders, vendors or hawkers. In the event any person is found to be an illegal immigrant, appropriate action shall be taken in accordance with law, including steps for repatriation by the competent authorities.”
The HC further said, “Any failure to undertake the necessary action in this regard shall entail personal liability on the part of all concerned officers.”
After the lawyer representing hawkers sought to continue the earlier stay granted on implementation of the Street Vendors Act for another two weeks to challenge the high court order before the Supreme Court, the bench denied the request.
“As we have recorded in the foregoing paragraphs of the judgment, that it is due to the continuous legal proceedings adopted by various petitioners, the implementation of the Street Vendors Act could not take place till today. It is a fact on record that even after passing of judgment in Azad Hawkers case, till date, the guidelines and all directions issued by this court in various cases are not complied with. We are not inclined to stay the implementation of the same order. The prayer is rejected,” the bench stated.
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The court also directed BMC to conduct comprehensive inspection of all temporary and permanent stalls situated on roads and footpath and ascertain whether they obstruct pedestrians of vehicular movement.
The HC also directed that the Town Vending Committee (TVC) elections conducted on August 29, 2024 be declared valid and ordered immediate declaration of the results. The HC asked the civic authority to take necessary steps to implement the Street Vendors Act, “in its true letter and spirit.”
The bench further directed the BMC to permit 99,435 persons found eligible to hawk strictly as per guidelines and remaining 29, 008 persons shall be verified within four months and be permitted to hawk only on specified pitches and areas. It said no other hawkers shall be permitted to hawk unless they strictly adhere to the guidelines.
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
