Bench directs BMC to initiate action at 20 most congested places it had jointly identified across city with the police
Illegal hawkers flood the Bhaji Market Gully in Borivli on December 1. File pic/Prasun Choudhari
A division bench of the Bombay High Court comprising Justice A S Gadkari and Justice Kamal Khata while hearing a suo motu public interest litigation (PIL) on the illegal hawkers’ menace across Mumbai has directed the BMC to initiate firm and regular action against illegal hawkers in 20 locations across the city. The court has disclosed its intention to implement the same across Maharashtra in the next hearing.
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THE BMC and Mumbai Police had conducted a joint meeting to identify the 20 most congested places in Mumbai which comprises various locations and major roads in Mumbai which are encroached upon by hawkers. Earlier, the Bombay High Court had taken site number 1 as a test case for chalking out a plan to tackle the illegal hawkers menace in the city. On Wednesday, the bench directed BMC to continue taking action at the test case site and also initiate action at all 20 sites.
Hawkers illegally encroach on MG Road, Ghatkopar West, on March 26, 2024. File pic/Anurag Ahire
Justice A S Gadkari, while dictating the interim order, said, “The superintendent of licences (BMC) during previous hearings had made a statement that the corporation has deployed vans for making the 20 most congested areas hawkers free. We direct BMC to adhere to the statement and make the 20 locations free of illegal hawkers.”
Justice Gadkari said, “Licence holders are not covered under the term illegal hawkers. The state has submitted that the local police will provide protection to the BMC officers while they perform their duties”
Coming down heavily on the BMC, Justice Gadkari also said, “Either take action or declare that we [BMC] are unable to control this. Let there be anarchy in the public and let the public retaliate by taking the law into their own hands.”
The court has also expressed concerns about somebody tipping off the hawkers about the actions of BMC as the court observed that the hawkers either run away even before the BMC van arrives to take action or groups of hawkers return back as soon as the BMC van leaves the location.
While suggesting points to be considered by the state (government and police), Justice Gadkari told state Advocate General Birendra Saraf to consider the tipping off.
Justice Gadkari said, “Whether this is an organised movement as someone is handling this from within the department or someone outside needs to be seen. Someone has to do it in order for these hawkers to get information. We have seen hawkers running even before the van arrives and coming back in groups as soon as the van and BMC officers leave.”
The advocate heneral informed the court that the Police have taken action against more than 8000 hawkers in the past three months. To this Justice Khata said, “You are talking about 8000 hawkers. There are more than 1,50,000 hawkers in Mumbai.”
Similarly, the court has fined Rs 25,000 to the superintendent of licences (BMC) for failing to file an affidavit to another concerned petition pertaining to the hawker menace which was tagged along with the suo motu PIL.
The bench noted, “All benches have the same opinion that your [BMC] officers are not following the court orders and not filing replies on affidavit in given time. As usual, the officers of BMC have failed to comply with our directions. To date, the said affidavit is not filed by the officer concerned. The previous bench has also digressed the same. We not only recreate the same observation but our experience is also the same.” Noting this, the bench fined the superintendent of
licences Rs 25,000.
Commenting on the situation, Justice Kamal Khata added, “Judges come and go, lawyers come and go, they [BMC officials] are there and they remain the same.”
The 20 sites that will see heavy action against illegal hawkers from Thursday
. CSMT Station up to high court (Flora Fountain)
. Churchgate station to high court
. Colaba Causeway
. Dadar West station
. Dadar East station
. Dadar TT
. Lalbaugcha Raja
. Andheri West
. Andheri East
. Mathuradas Road
. Malad West station
. Borivli West
. Bharucha Road
. Kurla West station
. Linking Road (west)
. Hill Road, Bandra West
. Ghatkopar station
. LT Marg
. Mohammad Ali Road
. LBS Road
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