Will stalls be allowed outside Mantralaya, governor's house: HC on unauthorised hawking menace

Mumbai: The Bombay High Court on Monday came down heavily on the police and civic authorities for their inability to find a solution for the illegal hawking menace and asked if vendors would be allowed to put up stalls outside the Mantralaya or the governor's house.

A division bench of Justices M S Sonka and Kamal Khata said if the issue of illegal hawkers and vendors was a recurring problem, a permanent solution is required, and the authorities cannot claim to be helpless.

The court said there must be a stop, and it cannot keep recurring blatantly.

It also lamented the fact that the civic bodies and police authorities do not take any action on citizens' complaints against illegal and unauthorised hawkers and vendors.

"You (authorities) want citizens to come and sit in court every day? This is sheer harassment of people. This is complete lawlessness. The corporation does not look into citizens' complaints, and the police do not. What should a common man do?" the court said.

"Those who want to abide by the law suffer. The entire state machinery has collapsed. Brazenly, these unauthorised hawkers come. Let this happen in front of the Mantralaya or the governor's house, then see how all this stops. You have all the security there," the bench said.

Last year, the high court had taken suo motu (on its own) cognisance of the issue of illegal and unauthorised hawkers and vendors in the city.

Last month, the court directed the Brihanmumbai Municipal Corporation (BMC) and the police to file a detailed affidavit about their action against illegal hawkers and steps to prevent the problem.

On Monday, BMC counsel Anil Singh and government pleader Purnima Kantharia, appearing for the police, sought more time to file their affidavits.

Irked by this, the bench said this was a serious matter, and if the authorities cannot follow court orders, then the court should just close.

"Burn the midnight oil and file an affidavit within a week," the court said, posting the matter for further hearing on July 30.

The bench sarcastically also asked if the Army should be called in, as the police and civic authorities were unable to keep illegal hawkers and vendors at bay.

In its order last month, the court had noted that hawkers and street vendors have virtually taken over streets and bylanes, leaving no place for people to walk on footpaths.

It said in addition to haphazard parking, pedestrians were forced to navigate between unauthorised hawkers and haphazardly parked vehicles.