‘Rights of hawkers not more than users of public spaces’
The rights of unlicensed street vendors cannot be placed higher than those of others who use public places and footpaths. The Bombay High Court observed this while asking the BMC to frame an alternate policy to control the menace, adding that it might serve the “purpose of balancing”. The court also said that the advantage of such a policy is that no one can claim right to that place.
Emphasising that not all vendors deal with smuggled goods and contraband, the court also said that these vendors have a fixed clientele and are trying to eke out a living in the maximum city. “We are asking… some form of a command and control approach within the frame of the statute but distinct from the designated hawking zone,” said a bench of Justices Gautam Patel and Kamal Khata.
Court said there is a need to regulate these vendors since they take over public spaces and footpaths and thereby force the pedestrians to use roads / motorable carriage for walking which increases risks of accidents. “Today you are forcing women, children and elderly to walk on the roads. Today housing societies, shops are obstructed. (That) is what the concern is. Footpaths or carriageways have to be kept cleared,” Justice Kamal Khata said.
The court had taken suo motu (on its own) cognisance while hearing a petition by mobile shop owners in Borivali, who claimed that access to their shops was blocked by illegal hawkers in November 2022. These vendors deal with
Not all of the vendors deal with contraband, some try to eke out a living in the maximum city. We are asking the BMC to frame a policy… some form of a command and control approach within the frame of the statute but distinct from the designated hawking zone.
It is inconceivable that anyone could say that this piece of earth, which is in Mumbai, which is public land, is in my occupation and hence is mine and no one can remove me from this.
food and household items. “There are many vendors. But not all of them are dealing with smuggled goods. They are sandwich-wala, batata vada-wala and bananawala. They have their clientele,” said the bench.
The court said that the BMC can explore the concept of mobile vendors who would have fixed days and hours to vend in fixed localities. The corporation would make the space available to them. It said that residential neighbourhoods may require greater focus on household and consumables and wares
The concept of mobile vendors will identify those who fall outside the licensing regime entirely. It would enable the BMC to identify who, when and where should be permitted to vend and for what period of time.
for children and the requirement of commercial areas would be different.
“This will identify those who fall outside the licensing regime, if they are not parked in a licensed zone and are also not in mobile vans. It would enable the BMC to identify who, when and where should be permitted to vend and for what period of time,” the bench said.
The BMC has repeatedly said that it is acting against illegal hawkers, and at times initiating criminal action. “It seems biased to us… I am not prepared to see every one as
There may be arguments for more facilities for motorists (the Coastal Road notwithstanding) but there is no doubt that the use of footpaths cannot be compromised. This is also a safety issue. —Bombay High Court
an offender because he doesn’t have a licence. I don’t agree with the corporation saying that it will use full police force,” Justice Patel said, who also quipped that the “licensing scheme is a money making racket” when the BMC counsel said that they are creating licensing zones.
While asking the BMC to explore an alternative, the court has stressed on the fact that “it is inconceivable that an unlicensed street vendor can claim permanency of street impacting constitutional rights of citizens and taxpayers”.