Mumbai: Bombay High Court Criticizes Police and BMC for Inaction on Unauthorized Hawkers

Mumbai, 22nd July 2024: On Monday, the Bombay High Court criticized both the police and the Brihanmumbai Municipal Corporation (BMC) for their failure to address the issue of unauthorized hawkers, stating that law-abiding citizens are suffering due to this problem.

The bench, comprising Justices M S Sonak and Kamal R Khata, expressed frustration over the authorities’ neglect in filing affidavits as directed by the court. “If these unauthorized hawkers set up stalls in front of Mantralaya or the Governor’s residence, you would see how quickly action is taken. There, security is not an issue. Why is there no urgency here?” the court questioned.

The suo motu plea, initiated by the court in February last year following complaints from two shop owners in Borivali (East), highlighted the issue. Last month, the court noted that unauthorized hawkers had overtaken many streets and bylanes in Mumbai, leaving no space for pedestrians on footpaths. The police were criticized for their inaction, with roads only being cleared during high-profile visits.

On Monday, the bench observed that neither the BMC nor the police had filed the required affidavits detailing the actions taken against illegal hawkers. The reasons provided for the delay were deemed insufficient.

Addressing complaints from a shopkeeper about the persistence of unauthorized hawkers outside his shop, Justice Khata questioned the effectiveness of police efforts. “What action is the police taking? Are we expected to deploy the army to resolve this? The problem cannot persist. We need a solution,” he said.

Justice Khata further criticized the authorities for making citizens repeatedly approach the court to enforce their rights, labelling this as harassment. “It is unacceptable that citizens must resort to court action every day to address the inaction of the BMC, MHADA, and police. This is a clear indication of lawlessness,” he remarked.

He demanded that excuses from authorities be limited and emphasized that those following the law should not be penalized due to systemic failures. “If the authorities cannot handle this issue, they should either close their offices or courts. It is unacceptable for shopkeepers to constantly seek legal recourse,” Justice Khata added.

The court stressed the need for a permanent solution for illegal hawking while ensuring that licensed hawkers are not unfairly targeted. Following requests for additional time from government pleader Purnima H Kantharia and senior advocate Anil Singh, the bench insisted on prompt action, setting a deadline for the affidavits to be filed within a week and scheduling the next hearing for July 30.

The court also indicated that if the responses were unsatisfactory, it might appoint a court commissioner to investigate the issue and involve the Maharashtra chief secretary for regular oversight. Additionally, Justice Sonak suggested that if the system fails to function effectively, the court might direct authorities to focus on five specific areas as a test case to enforce the law against illegal hawking.