Streets, footpaths cleared for PM and VVIPs, why not for everyone: Bombay HC

MUMBAI: The Bombay high court (HC) on Monday said when streets and footpaths are cleared for the Prime Minister and other VVIPs just in one day, why can’t it be done on a daily basis for everyone else too? Having a clear footpath and a safe place to walk was every person’s fundamental right and the state authorities were obligated to provide the same, said a division bench of justices M S Sonak and Kamal Khata

The bench was hearing a suo motu Public Interest Litigation (PIL) on unlicensed hawkers illegally occupying the city streets and emphasised, “There cannot be an abject surrender by the state, otherwise there will be lawlessness.”

The court also questioned the Brihanmumbai Municipal Corporation (BMC) on their efforts to control the situation. “Why don’t you start identifying the hawkers and make a list to see who is breaching,” the court suggested. “This is so that when we have the solution for the problem at last, we will know the density of hawkers.”

Senior advocate SU Kamdar, representing the BMC, acknowledged the scale of the problem, mentioning that there are “lakhs of hawkers in every ward of the city,” and despite action taken by civic officials, the hawkers keep returning to the same spots later. “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,” Kamdar submitted.

The court also expressed concern over the assaults faced by BMC officers who act against encroachments and people who complain against illegal hawkers. “Recently, a person was beaten up after raising their voice against hawkers, as per news reports. These kinds of things happen… There is a serious problem. If BMC officers are also beaten up, you can well imagine the fate of common citizens,” the bench said.

Criticising the civic body for its inaction, the court emphasised, “At least the footpaths need to be cleared daily. Why are we protecting the encroachers? You are not taking action.”

Reminding the authorities of their 2012 commitment to the Supreme Court to address the issue, the bench remarked, “In 12 years, it cannot be that you are still saying the same thing. The state must 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.”

The court urged a more aggressive approach, stating, “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?”

Kamdar informed the court about the BMC’s efforts to implement the Street Vendors Act, including the appointment of a returning officer for the vending committee elections, which are expected to be completed within eight weeks. The court urged the Corporation to expedite the process within four weeks and scheduled the next hearing after this period.

As the hearing concluded, the bench pointed out that owing to the lack of identification, people do not know whom to file complaints against. They suggested using various methods to identify unauthorised hawkers, including capturing pictures of vehicles found in no-parking zones. The court also suggested choosing one or two specific areas initially as a model for effective implementation of the laws, emphasising that the reaction should not be knee-jerk but equitable to all concerned.