Mumbai: Bombay high court on Thursday said the state govt has failed in its duty to implement the Street Vendors Act of 2014 as a scheme drafted in 2017 does not have compliance with a crucial section. But after the state lawyer assured she would be in touch with the highest officer of the urban development department, the HC said as a last chance the matter will be heard on April 20 for the state to come out with a proper scheme.The HC division bench headed by Justice Bharti Dangre was hearing petitions filed in 2022 over TVC and scheme for hawkers, which the state said will be one for entire Maharashtra, while another division bench headed by Justice Ajay Gadkari posted to Monday a suo motu PIL on hawkers issue to enable BMC to inform the steps taken to announce the town vending committee (TVC) election result for Mumbai pursuant to the court’s decision.“Will you place before the public a half-baked scheme or a foolproof scheme?” Justice Dangre asked the state.On Feb 12, the HC asked state to file an affidavit, and on Thursday, Justice Dangre expressed deep disappointment over the affidavit filed by the joint secretary of the UDD and said if on the next date the affidavit is not proper, the HC would call the public servant to court. The HC said that more than a decade since the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, was enacted by the Parliament to protect the rights of the urban street vendors and to regulate street vending activities, and more than eight years passed since the HC passed exhaustive guidelines for its implementation in a petition filed by Azad Hawkers Union, heard along with a Public Interest Litigation raising a challenge to a scheme purportedly framed under Section 38 of the Act by the Govt Resolution dated Jan 9, 2017. The HC said, “State is still lurking in dark about the implementation of the Statute”.On Thursday, there were three individual petitioners and Maharashtra Hawkers Federation, questioned Navi Mumbai Municipal Corporation about its arbitrary action. The HC questioned the quality of NNMC reply too and asked it place on affidavit by when its TVC poll would be conducted. The hawkers said the scheme does not deal with goods seized by authorities nor does it provide for a panel for grievances as contemplated by the Act. The HC repeatedly asked the state lawyer how difficult it was for the state to come out with a scheme that contains all necessary aspects as mentioned in the Act and call all TVCs, over 420 of them for the state, for a consultation in a time-bound manner before passing the scheme. Justice Dangre said Maharashtra was lagging behind other states in implementing the Act meant to regulate hawkers.
