Mumbai: Bombay High Court Criticizes Police and BMC Over Growing Unauthorized Hawker Issue

Mumbai, 13th November 2024: On Tuesday, the Bombay High Court expressed frustration over the widespread issue of unauthorized hawkers in Mumbai, noting that no area in the city is unaffected. “People can’t even enter shops. Despite police presence, hawkers continue… not a single lane or area is spared,” said Justices Ajay Gadkari and Kamal Khata. They referenced the tragic death of a 6-year-old boy on October 28, who suffered fatal burns after a hot oil vessel fell on him at a vada pav stall in Pydhonie on October 2. The case was brought to the court’s attention during a suo motu PIL addressing encroachments on public walkways and footpaths.

Earlier, on October 23, the court had reprimanded the BMC for failing to remove hawkers from 20 sites that were supposed to be free of unauthorized vendors. The court directed that areas from CST to HC be cleared of hawkers. Senior advocate Anil Singh, representing the BMC, assured that action had been taken, but senior advocate Sharan Jagtiani argued that unauthorized hawkers are still present, and many ‘authorized’ hawkers’ licenses had expired.

The judges inquired about the State’s plan to enforce the Street Vendors Act of 2014, with government pleader Poornima Kantharia stating that town vending committee elections had been held, but the results were pending. Advocate Manoj Shirsat, representing a hawkers’ union, explained that the elections had been challenged in court, halting the vending scheme.

The judges emphasized the need for a coordinated effort between all government agencies to remove unauthorized hawkers permanently. Singh acknowledged that the BMC would act, but the police must also intervene if hawkers return. Mistry, an amicus curiae, presented a photo of conditions in Colaba, with Justice Khata remarking that the problem had become routine. The case will be reviewed again on December 12.