HC raps BMC, police for failure to curb illegal hawking

MUMBAI: The Bombay high court on Tuesday took suo motu cognisance of the Brihanmumbai Municipal Corporation’s (BMC) and Mumbai police’s failure to curb the “menace” of illegal hawking in the city despite its order dated October 23, when it directed that the stretch between Chhatrapati Shivaji Maharaj Terminus (CSMT) and the high court (HC) be kept “completely unauthorised hawker-free” till November 12.
“The entire city is covered with illegal hawkers – no road, no lane, no space has been spared… In spite of police personnel being stationed at every spot, illegal hawkers are still coming back,” a division bench comprising justices AS Gadkari and Kamal Khata said, stressing on the need to curb illegal hawking across the city, beyond the 20 areas identified by the BMC as a test case including the CSMT to HC stretch.
The judges, who were hearing a public interest litigation against illegal hawking, emphasised on the ineffectiveness of existing enforcement measures and urged the BMC and police to synchronise their actions more effectively. When BMC officials said they had demolished unlicensed structures, removed carts, and stationed officers at key locations like Horniman Circle to curb illegal hawking, the court insisted that this was only part of the solution and emphasised on the need for a “quid pro quo” arrangement.
The counsel for the state highlighted steps taken since 2016 to enforce hawker regulations more consistently. He said that areas like Colaba Causeway, a popular tourist destination, required special vigilance due to the heavy footfall of foreign tourists. Unauthorised hawking had disrupted pedestrian traffic, impacted storefront accessibility, and led to an uptick in petty crime in the area, he noted. The court then reminded the state that heightened caution was necessary in such high-traffic zones to protect both visitors and local businesses.
With the court expressing concern over unauthorised vendors reappearing in busy areas soon after enforcement officers leave the spot, the counsel for the petitioner proposed forming a provisional committee to conduct surveys and gather comprehensive data on licensed and unlicensed vendors. The court also asked the BMC to devise a mechanism allowing vendors with expired licenses to reapply efficiently, ensuring that legitimate vendors are not penalised amid the crackdown.
The court adjourned the matter to December 12, stating that without dedicated, unified action by the BMC and police, public safety issues and disruptions caused by unauthorised hawking would continue.