‘Verify hawkers, helpers across Mumbai, act against illegal immigrants’: Bombay HC to BMC

“The prevailing situation is deeply disconcerting. Citizens are increasingly confronted with serious and recurring impediments in their daily lives,” the bench noted. It added that pedestrians using footpaths, women, children and senior citizens “bear brunt of such conditions”. The bench also said the “senior citizens and persons with disabilities find it virtually impossible to step out of their homes with safety and dignity.”

“Overcrowded areas with high footfall create situations where instances of inappropriate physical contact, particularly affecting women, are reported, with little practical recourse in such circumstances,” the bench noted. It added that residents “experience difficulty in accessing buildings abutting public roads” and emergency services including fire bridges and ambulances are unable to access residential societies.

Seeking action against “illegal immigrants” indulging in hawking activities, the HC warned that failure to undertake necessary action will entail personal liability on the part of all officers concerned.

The court noted, “The BMC and police shall immediately undertake a thorough verification of the identity of all persons, including those alleged to be Bangladeshis or other non-Indian nationals, who operate stalls or carry on vending or hawking activities or work as assistants or helpers of such stallholders, vendors or hawkers. In the event any person is found to be an illegal immigrant, appropriate action shall be taken in accordance with law, including steps for repatriation by the competent authorities.”

The HC further said, “Any failure to undertake the necessary action in this regard shall entail personal liability on the part of all concerned officers.”

After the lawyer representing hawkers sought to continue the earlier stay granted on implementation of the Street Vendors Act for another two weeks to challenge the high court order before the Supreme Court, the bench denied the request.

“As we have recorded in the foregoing paragraphs of the judgment, that it is due to the continuous legal proceedings adopted by various petitioners, the implementation of the Street Vendors Act could not take place till today. It is a fact on record that even after passing of judgment in Azad Hawkers case, till date, the guidelines and all directions issued by this court in various cases are not complied with. We are not inclined to stay the implementation of the same order. The prayer is rejected,” the bench stated.

The court also directed BMC to conduct comprehensive inspection of all temporary and permanent stalls situated on roads and footpath and ascertain whether they obstruct pedestrians of vehicular movement.

The HC also directed that the Town Vending Committee (TVC) elections conducted on August 29, 2024 be declared valid and ordered immediate declaration of the results. The HC asked the civic authority to take necessary steps to implement the Street Vendors Act, “in its true letter and spirit.”

The bench further directed the BMC to permit 99,435 persons found eligible to hawk strictly as per guidelines and remaining 29, 008 persons shall be verified within four months and be permitted to hawk only on specified pitches and areas. It said no other hawkers shall be permitted to hawk unless they strictly adhere to the guidelines.