Streets and Roads Are Cleared For VVIPs But Not For Citizens: Bombay HC on Illegal Hawkers

A street vendor selling food in Mumbai. (Image: Shutterstock)

The Bombay High Court on Monday remarked that streets and roads are cleared by the authorities when the Prime Minister or other VVIPs visit, but not otherwise for the citizens.

“For years together citizens keep suffering in this manner. Courts keep on passing orders. The state is rendered helpless to say we will do this and that, we will do underground, overground..Why are we not protecting citizens who are ratepayers? When the Prime Minister or VVIPs come, roads are cleared. Why not otherwise? We need to have the state really working on this,” the court said.

The division bench of the Bombay High Court, comprising Justice MS Sonak and Justice Kamal Khata, was hearing suo moto Public Interest Litigation concerning illegal hawkers on the footpaths.

During the previous hearing, the bench suggested that the “mobile vendors” concept or a “pop-up market” that permits hawkers to sell their items at a particular place at particular times could be introduced by the BMC.

Senior Advocate SU Kamdar, appearing for the BMC, submitted that for the vending committee elections, a returning officer was already appointed. He added that some illegal hawkers were regularly removed but they kept returning, and some FIRs were also filed. Kamdar also submitted that the suggestions of a mobile market and an over-ground market were under consideration.

Justice Kamal Khata responded, emphasizing the need for the identification of hawkers. “They cannot be coming back. Because they have not been identified. Let there be a combing operation. Like biometric for slums. Take one street after another. Every street they have to identify. We have to find a solution. We have to get data on the density of hawkers. The biggest trouble is identification of hawkers. Because they can damage and they can go,” Justice Khata said.

Furthermore, the bench also said that people were forced to walk on streets due unlicenced hawkers on footpaths. “At least as far as footpaths are concerned, you clear them up on a daily basis. We are forcing people to walk on the streets. That is the cascading effect. If footpaths are encroached upon, where are people to walk? That is their fundamental right. We tell our children to walk on footpaths. But if there are no footpaths, what are they going to do? There is a problem with every ratepayer. State has to do something drastic. It can be twelve years you will be working on the issue despite the Supreme Court order,” the court said.

The bench asked Senior Advocate Kamdar to conduct the elections for the vendor committee within 4 weeks and listed the matter for hearing on July 22, 2024.