Mumbai: Bombay high court on Monday directed the BMC to permit 99,435 hawkers across Mumbai, already found to be eligible, to hawk and to list others who are eligible from the balance 29,000. “No other hawkers” apart from these can be permitted, ruled Justices A S Gadkari and Kamal Khata, while also directing Mumbai civic administration and Mumbai police to verify identities of all persons, including those alleged to be Bangladeshis or other foreign nationals, who are hawking or work as helpers at stalls and to initiate legal steps to repatriate those found to be illegal immigrants.As reported, 3,26,604 hawkers are operating in the city, leading to widespread congestion and civic disorder, the HC said. The HC judgment said: “Viewed from a broader perspective, it is imperative that the statutory scheme be brought to its logical conclusion. Nearly 12 years have elapsed since the enactment of the Street Vendors Act… Any further delay in implementation of the Act would prove detrimental to hawkers and citizens alike. Citizens continue to endure persistent and daily hardship due to its non-implementation.”The HC also directed the BMC to undertake a comprehensive inspection and scrutiny of all temporary stalls, mobile or stationary, and all permanent stalls, whether on roads or footpaths, and check if they obstruct vehicular movement or pedestrians in the city.The HC, calling for action against those found to be illegal immigrants, said any failure to act would result in “personal liability” on all civic and other officers responsible.In 2014, the Street Vendors Act was enacted to regulate hawking. The law mandated formation of a town vending committee (TVC) for the Act’s smooth functioning, including a survey. The TVC would also comprise vendors to be elected.The petitions before the HC by hawkers’ unions dealt with several issues concerning illegal hawkers operating in Mumbai and the voters list prepared for the TVC polls. The HC is also separately hearing a pending suo motu public interest litigation (PIL) of 2023 to deal with and monitor state, police and civic action following various complaints of the risk that hawkers pose to the city, where the HC appointed advocate Jamshed Mistry as an amicus curiae (friend of court) to assist in the matter. In its judgment, the HC upheld as valid a voters list of eligible hawkers for polls held on Aug 29, 2024, for TVC in Mumbai.The hawkers’ association had questioned the voters list as being incomplete and in violation of a 2009 policy, but the HC held it was prepared in compliance with procedures and orders of the court. The HC directed results of the 2024 polls be announced immediately.Petitions were filed in 2024 also by Janwadi Hawkers Sabha, Hawkers Joint Action Committee, which wanted all surveyed street vendors to be included in the voters list. The HC said the elections were held validly and merited no judicial interference.State govt pleader Purnima Kantharia said despite the process taking three years, 280 TVCs stand notified across Maharashtra, with Nagpur having emerged as a pioneer in effective implementation of the hawking scheme. The SC had stayed TVC poll results. The HC declined a stay on its order, observing the long litigation already delayed implementation of the Act.
