No relief for 150 flower vendors outside Dadar railway station

In a major setback for over 150 hawkers selling flowers outside Dadar railway station, the Bombay High Court on Wednesday turned down their pleas challenging the ‘eviction’ action initiated by the BMC against them. The high court, while dismissing the plea, considered the ‘congestion’ outside the railway station.

A division bench of Justices Abhay Oka and Riyaz Chagla refused to accept the contention of hawkers, who claimed they could sell their wares outside the railway station since there are several temples, situated in the vicinity.

Justice Oka said, “A judicial note can be taken of the congestion outside railway stations in the city. The railway station premises are often congested as commuters continuously exit and enter the station. Also, there is huge traffic congestion just outside the stations, thus, the petitioners (hawkers) cannot be allowed to conduct business in the premises.”

The bench was hearing a petition filed by Bombay Hawkers' Association, seeking directions to the BMC not to take any action against them. The association relied upon the November 2017 judgment pronounced by another bench headed by Justice Bhushan Gavai.

According to the November 2017 verdict, hawking has been prohibited within 150 metres of a railway station and 100 metres of religious places.

The association argued that since the judgment allows hawkers selling items required by the devotees for offering to the deity like flowers, coconut etc., they cannot be evicted by the BMC.

The bench however, refused to accept this contention too.

Justice Oka said, “The judgment does allow hawkers selling specific items and also specifies limits, within which hawking is prohibited. Thus, prima facie, the judgment must be harmoniously construed.”

“In this case, we have to consider the limit of 150 metres outside railway stations and not the 100 metre-restriction around temples. Hence, we cannot allow these hawkers to carry out their businesses outside the railway station, irrespective of the fact, that there are few temples in the vicinity,” Justice Oka added.