Like for PM or VVIPs, why can't streets be cleared for citizens, too?: Bombay High Court
Like for PM or VVIPs, why can't streets be cleared for citizens, too?: Bombay High Court
On the issue of hawkers illegally occupying footpaths across the city, the Bombay High Court on Monday came down heavily on the Brihanmumbai Municipal Corporation (BMC) and said that "there cannot be abject surrender by the state, otherwise there will be lawlessness."
The bench of Justices MS Sonak and Kamal Khata was hearing a suo motu Public Interest Litigation (PIL) on the issue of illegal hawkers occupying footpaths, leaving no space for pedestrians to walk. The bench said, "When the Prime Minister or some VVIPs come, the streets and footpaths are immediately cleared⦠and it stays so till they are here. How is it done then? Why cannot it be done for everyone else? Citizens are taxpayers⦠they need to have a clear footpath and safe place to walk," the bench said.
Advocate SU Kamdar, appearing for the BMC, said that there are lakhs of hawkers in every ward of the city, and despite civic officials taking action in two shifts and removing the hawkers, they keep coming back. Kamdar further added that the civic authority picks up the material of the hawkers illegally occupying footpaths and roads. "Earlier we used to fine them when they used to come to collect the material, but now they don't come to collect the material as well," submitted Kamdar.
The bench pointed out that this was a serious problem where people who raise the issue of illegal hawkers are getting beaten up. Kamdar pointed out that even BMC officials get beaten up while taking action.
It is then that the bench came down heavily on the BMC and said, "At least the footpaths need to be cleared on a daily basis. Why are we protecting the encroachers? You are not taking action."
While reminding the authority that it was in 2012 that it had told the Supreme Court that it would deal with the issue, the bench said, "In 12 years it cannot be that you are still saying the same thing. The state has to do something drastic. It cannot be that the authorities are perpetually just wondering what to do and working on it. The state has to do something drastic. There seems to be a lack of will because where there is a will, there is always a way. There is complete lawlessness. The state cannot just say that they keep coming back."
"Let there be a combing operation every day. You will have to identify the illegal hawkers who keep coming back. There has to be a solution. We are trying to find a solution, but unless we get all the data, how will we find a solution?" the bench added.
The court posted the matter for further hearing on July 22.
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