Mumbai: Cracking the whip on illegal hawkers in the city, the Bombay High Court on Wednesday restricted hawking to designated zones, while banning hawkers on foot and rail overbridges and within 150 metres of railway stations.
A Division Bench comprising Justices B.R. Gavai and M.S. Karnik refused to accept contentions made in petitions filed by city hawkers, which claimed that as per the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, municipal authorities cannot evict them. The petitions claimed that after the Act came into effect, they are permitted to set up shop anywhere, which means there are now no ‘non-hawking’ zones. The court, however, said accepting their contentions would create chaos in all cities.
The Bench, in its 118-page judgement, referred to the September 29 stampede on the Elphinstone Road railway station foot overbridge (FOB) that led to the deaths of 23 people. “On account of the mad rush of the passengers, there was commotion on the bridge, which led to loss of 23 precious human lives. The presence of large number of hawkers on the FOB is said to be one of the major contributing factors in the mishap,” the court said.
Relying on a Supreme Court judgement of 2004, following which municipal bodies had identified hawking zones, the HC said, “No hawking would be permitted within 100 metres of any place of worship, holy shrine, educational institutions and hospitals, and within 150 metres from any municipal or other markets or any railway station. No hawking would be permitted on foot bridges and overbridges also.”
For places of worship, the Bench said hawkers can be permitted to sell only items required by devotees as offerings, such as flowers, candles, coconuts and so on.
The court said, “We are faced with a situation to balance the rights of the hawkers to do vending business to earn their livelihood on one hand, and rights of the citizens to use the footpaths and roads without obstruction and ensure their security.”
The Bench noted that till vending and non-vending zones are notified by the authorities in accordance with the Act, “hawking activity can be continued only in areas identified as hawking zones, as approved by the apex court, and in no case, such activity can be permitted in non-hawking zones.”
Footpath is for public use
The court said footpaths and pavements are public properties intended to serve the general public. “They are not laid for private use, and their use for private purpose frustrates the very object for which they are carved out from portions of the public roads. We are therefore of the view that while considering the rights of the hawkers to conduct their vending business on streets, we will have to balance the rights of the pedestrians to walk on the footpaths and the citizens to use the roads for the purpose of plying their vehicles.”
The Bench ordered municipal bodies yet to identify vending zones to carry out surveys in the pattern adopted by the BMC. It also said corporations and councils, where town vending committees have not been formed, should asked to constitute these in accordance with the 2009 policy within six weeks, and conduct surveys within three months thereafter.
The court held as “unsustainable” a Government Resolution issued on January 9, which directs forming of town vending committees without representation by street vendors.
“This defeats the very purpose of the Act, which emphasises on participation of representatives of street vendors at all important stages. The said government resolution which provides for doing away with the said mandatory requirement would not be sustainable.” — With PTI inputs