HC URGES BMC TO DESIGNATE HAWKING ZONES BY ROTATION

MUMBAI: In a significant move aimed at tackling the issue of illegal hawkers, the Bombay High Court has urged the Brihanmumbai Municipal Corporation (BMC) to consider implementing a rotating hawking zone system.

The bench of justices GS Patel and Kamal Khata expressed concern over the prevalent notion of hawkers a menace. “The entire approach that we will treat people not better than vermin is wrong,” said justice Patel, stressing on the need for a structured zoning policy.

Highlighting the lack of consideration for hawkers, he said, “The one who vends bananas outside—have you wondered where he goes at the end of the day? We don’t care, and the entire idea that they are a menace is not right. That can’t be anybody’s idea of justice.”

The court’s intervention stemmed from a suo motu plea initiated last year, following complaints from shop owners in Borivali (East) regarding unauthorised stalls obstructing pedestrian movement.

In earlier hearings, the court had directed the BMC to ensure “actually walkable” footpaths by removing encroachments by unlicensed hawkers.

It had also sought clarification on the existing policy concerning hawkers operating outside designated zones. In response, the BMC outlined its current approach, which primarily involves penalising unlicensed hawkers and removing encroachments.

The court deemed this strategy inefficient, as it did not prevent hawkers from returning to the same location.

Referencing pop-up markets organised by gated communities, it emphasised that hawkers need not have concrete foundations, and urged the BMC to implement a rotating hawking zone policy. Such a policy could be used to designate specific areas as hawking zones on certain days of the week, much like the mandi system, thereby deterring the establishment of illegal/ permanent structures.

The Bombay Bar Association (BBA), one of the original petitioners in the case, has long advocated for the establishment of stalls around the Hutatma Chowk (Flora Fountain) or the high court area.

The court had earlier requested the BMC for a comprehensive note detailing challenges faced in licensing hawkers and addressing hawking outside designated zones.