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HomeInfrastructureBombay HC Criticises BMC Over Illegal Hawkers in Mumbai

Bombay HC Criticises BMC Over Illegal Hawkers in Mumbai

Brihanmumbai Municipal Corporation (BMC) and the Maharashtra state government, the Bombay High Court criticised the two bodies over their inability to curb the “menace” of illegal hawkers, stating that not a single lane in Mumbai is free from unauthorised vendors. This came after the BMC submitted that while it regularly removes unauthorised hawkers, it was ultimately the duty of the police to keep the vendors from returning to the streets and footpaths. The high court’s remarks echo the frustration felt by city residents who see hawkers filling pavements and roads, often obstructing access to shops and impeding pedestrian movement.

The issue, addressed by a bench of Justices Ajey S. Gadkari and Kamal R. Khata, arose from a suo motu plea initiated by the court in February 2023. As per the court, despite orders and initiatives over the years, the proliferation of hawkers remains a significant concern, especially in high-density areas of the city. While the state’s legal representative cited a shortage of police personnel due to election-related duties, the bench expressed dissatisfaction with the lack of proactive steps taken over the past five years to address the problem.

“The problem is routine,” noted the bench, lamenting that pedestrians and business patrons struggle to navigate spaces now dominated by hawkers. “People can’t enter shops. Despite the police presence, they continue to hawk… There is nothing left in this city… not a single area is spared,” the court remarked. The court also took issue with the frequent finger-pointing between the BMC and the police. While the BMC claimed it only has the authority to remove hawkers, the police maintained they had provided personnel whenever the BMC requested assistance. As per the high court, both parties need to adopt a coordinated approach to ensure Mumbai’s streets are free from unlawful vendors, rather than passing the responsibility back and forth.

The unauthorised hawker situation has become a persistent grievance in Mumbai, and not just for pedestrians and shop owners. Many hawkers occupy footpaths and public spaces, contributing to congestion and blocking entrances to established businesses. Areas previously promised as “hawker-free” by the BMC — particularly in the 20 zones designated by the court as test cases — have seen little improvement. In an earlier hearing, the court commented on the “utterly painful and troubling” state of affairs, where despite repeated court orders, unauthorised hawkers continue to operate in designated hawker-free zones. Last month, the court also criticised the BMC for failing to implement concrete measures to reduce congestion and facilitate pedestrian movement.

The court has now directed that further action be taken, with a subsequent hearing scheduled for December 12, where the BMC and the police are expected to present a more robust action plan. As Mumbai’s urban population grows and footpaths become increasingly essential for mobility, resolving the hawker issue has become not only a matter of convenience but also a pressing urban planning challenge.

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