Mumbai, Mar 23 The Bombay High Court on Monday said the prevailing situation of hawkers in the city was "deeply concerning" and directed the city's civic body and police to carry out a thorough verification of the identity of all hawkers and their helpers, including those alleged to be Bangladeshis.
The court said if any person is found to be an illegal immigrant then appropriate action, including repatriation, shall be taken by the competent authorities.
The order was passed by a bench of Justices A S Gadkari and Kamal Khata on a bunch of petitions raising concerns over unauthorised and illegal hawkers occupying footpaths and roads in the metropolis, causing hurdles to pedestrians and vehicles.
The court ordered the Brihanmumbai Municipal Corporation to undertake a comprehensive inspection and scrutiny of all vendors (both temporary and permanent stalls) situated on roads and footpaths. The authorities shall ascertain if these stalls obstruct pedestrians or vehicular movement, the HC added.
"The BMC and police shall 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 to hawkers," the HC said.
If any such person is found to be an illegal immigrant, then appropriate action shall be taken in accordance with law, including steps for repatriation by competent authorities, it added.
The bench, in its order, said it would be thoroughly imprudent and insensitive to ignore the prevailing hazards and the consequences of inaction (against illegal hawkers) as it would confront the State with far graver consequences.
At present there are over three lakh hawkers operating across the city leading to widespread congestion and civic disorder, the HC said.
The HC termed the prevailing situation of illegal hawkers as "deeply concerning" and said pedestrians are unable to use footpaths, which are encroached by such hawkers.
"The cumulative effect is a substantial erosion of the rights of citizens to free movement, safety and an orderly civic life," the HC said.
The court said it was imperative that the statutory scheme be brought to its logical conclusion, adding it has been nearly 12 years since the enactment of the Street Vendors Act.
"In our considered view, any further delay in the implementation of the Act would prove detrimental not only to the licensed hawkers but equally to the citizens at large, who continue to endure persistent and daily hardship on account of the non-implementation of the statutory framework," the court said.
In the absence of a fully implemented statutory policy, licensed street vendors face serious hardship, it noted.
On the other hand, citizens are confronted with equally, if not more, pressing difficulties arising from the unchecked proliferation of hawking activities, which have in several areas resulted in obstruction of public streets and footpaths, the HC said.
"The continued delay in implementing the Act has resulted in persistent hardship to citizens as well as vendors. The conundrum must therefore be resolved without further delay," the court remarked.
The court noted that around 99,000 persons have been found to be eligible to hawk and, hence, the BMC is directed to permit them to do so strictly in accordance with the guidelines.
"No other hawkers, other than the 99,000 already found eligible, shall be permitted to carry on hawking activities only if they strictly adhere to the guidelines. All others shall be removed forthwith," the HC said.
Mumbai, Mar 23 The Bombay High Court on Monday directed the city's civic body and police to carry out a thorough verification of the identity of all hawkers and their helpers, including those alleged to be Bangladeshis.
The court said if any person is found to be an illegal immigrant then appropriate action, including repatriation, shall be taken by the competent authorities.
The order was passed by a bench of Justices A S Gadkari and Kamal Khata on a bunch of petitions raising concerns over unauthorised and illegal hawkers occupying footpaths and roads in the metropolis, causing hurdles to pedestrians and vehicles.
The court ordered the Brihanmumbai Municipal Corporation to undertake a comprehensive inspection and scrutiny of all vendors (both temporary and permanent stalls) situated on roads and footpaths. The authorities shall ascertain if these stalls obstruct pedestrians or vehicular movement, the HC added.
"The BMC and police shall 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 to hawkers," the HC said.
If any such person is found to be an illegal immigrant, then appropriate action shall be taken in accordance with law, including steps for repatriation by competent authorities, it added.
The court noted that around 99,000 persons have been found to be eligible to hawk and, hence, the BMC is directed to permit them to do so strictly in accordance with the guidelines.
"No other hawkers, other than the 99,000 already found eligible, shall be permitted to carry on hawking activities only if they strictly adhere to the guidelines. All others shall be removed forthwith," the HC said.
