HC pulls up BMC, police over illegal hawkers
MUMBAI, April 22 -- Taking strong exception to the continued illegal hawker menace across the city, the Bombay High Court on Tuesday came down heavily on the Brihanmumbai Municipal Corporation and Mumbai Police, questioning their failure to act. The court asked, "The BMC says it's the police's responsibility, and the police say it's the BMC's responsibility. Where will the common man go?"
Expressing concerns over the lackadaisical approach of the authorities, a division bench of Justices Ajay Gadkari and Kamal Khata, hearing a batch of petitions on illegal street vending, ordered an immediate on-ground inspection of key stretches between Chhatrapati Shivaji Maharaj Terminus and Flora Fountain to verify compliance with the court's earlier directives.
When the BMC claimed it was taking action against unauthorised hawkers, the bench said it was necessary to "test the statement" and ordered amicus curiae Jamshed Mistry and advocate Chaitanya Chavan to inspect the sites with police escort.
Following the inspection, the advocates told the court that while most areas were clear or had licensed hawkers, parts of Colaba raised concerns, with questionable licence validity.
The petitions, including one by the Goregaon Merchants Association representing around 1,200 shopkeepers, alleged failure of authorities to enforce street vending laws and ensure free pedestrian movement.
The plea also highlighted the "prevailing lawlessness and rampant hooliganism, particularly outside the Goregaon West railway station and adjoining areas, including the Aarey road junction."
Recently, a BJP corporator Harsh Patel from Goregaon, also made a grievance before the high court, highlighting the failure of the civic body to act against illegal hawkers in the city. During the hearing on Tuesday, the bench also flagged possible collusion, saying authorities appeared to be "hand in glove" with hawkers, especially after vendors were found missing at Flora Fountain during inspection.
"Either the authorities are incompetent, or you are with the hawkers. Someone must have informed the hawkers at Flora Fountain about the inspection," the court said, questioning why violations persist despite repeated orders.
The judges also sought details of areas cleared of encroachments, noting that illegal hawking continued despite directions from both the high court and the Supreme Court.
The police argued they lack power to verify licences, but the court rejected this, reminding them that the high court had already directed the authorities to carry out regular patrolling.
It also warned the BMC against filing "bogus and sham" documents.
The court directed the state government to submit a compliance report of the court's orders so far and scheduled the next hearing for April 28....
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