Bombay High Court pulls up Maharashtra government and BMC for its failure of implementing Street Vendors Act 2014 | Parami News

The Mumbai police on Wednesday 31st July, 2024 evicted illegal hawkers on all approach roads leading to Ghatkopar statio (BMC).

The Bombay High Court on Thursday, August 1, 2024 was very harsh to the civic authority and State government for each blaming themselves for the problem of illegal hawkers across the state and having no solution in place. A Division Bench of judges, Justices Mahesh Sonak and Kamal Khata observed that they had not implemented Street Vendors Act introduced ten years ago as it required in forming a Town Vending Committee (TVC) within six months. The act was enacted to curb hawking, distinguish between authorised and unauthorised hawkers, and also provide certification/issuance of licences.

“The legislature has asked you (the State government and the BMC) to do something for it within six months but you did nothing from last ten years. If they (State government) want to they can come up with ordinance overnight. They can bring in committees overnight. But they are choosing to blame the BMC. The problem is too old. It has become a joke now that the authorities are not coordinating and are instead blaming each other. We are not here to sort out these small things like bureaucratic delays, lack of coordination. They feel that you (the State government and the BMC) think that we are interfering too much in the work of the executive but when executive fails in his duty we must do something. We will never give up on this issue. We will not raise our hands; we will go step by step.”

“Unfortunately very sad point is even without implementation of law your orders passed from time to time are not followed,” commented Justice Sonak.

Hearing a suo moto Public Interest Litigation (PIL) about hawkers’ menace across Maharashtra, today’s Bench once again highlighted how despite several orders being passed by the High Court and even Supreme Court to implement Street Vendors Act 2014, authorities have not done so.

“I am fed up hearing the same thing from the last ten years. Every single human being in this city is suffering be it citizens or hawkers. What is your answer to that? Citizens, hawkers, legal hawkers, shop owners, pedestrians, everyone is suffering. There are only judgments; laws but no action. Are you expecting people to suffer and not complain? Why is this helplessness? Give us an answer as to how you are going to reduce the problem of the common person till such a time your scheme is not in place,” Justice Khata observed.

Disappointed with Government pleader Purnima Kantharia and senior counsel Anil Singh appearing for BMC at the High Court today, Bench said there was increasing tendency of only citing difficulties or blame.. “The executive should overcome these difficulties and strictly comply with the legislature’s mandate. We can take the horse to the stream but we cannot make it drink water.” But first we need come up with some practical solution here. Under no circumstances should there be any unnecessary delays in finalizing this scheme.

“In case the Principal Secretary of the state Urban Development Department is faced with any problem by any quarter, it is his responsibility to move this court by clearly stating on affidavit, names of people or authorities responsible for creating such difficulties. If he does not do so, then it will be presumed that despite there being no obstacles the officer has failed to comply with the statutory mandate and court orders directing the executive to implement the legislative mandate,” said the Bench.

The Bench sought from the State government to formulate scheme before September 30 and added: “We direct the State government to formulate scheme in consultation with BMC and Town Vending Committee as quickly as possible but not later than September 30.” The matter stands adjourned till September 2.