6-month deadline to finalise street vending policy mere eye wash: HC
MUMBAI, April 29 -- The Bombay High Court on Tuesday rapped the police over its failure to remove illegal hawkers from across the city, clarifying that they cannot claim "lack of power to act" on the issue. A division bench of justices Ajay Gadkari and Kamal Khata also termed the government resolution (GR) issued earlier this month, fixing the deadline for finalisation of the street vending policy at six months, as "mere eye wash" and "lip service" in the absence of concrete enforcement.
Questioning the state government and the civic body over their failure to implement the street vending policy, the court said, "Imagine, the state has to be told about their power under statutes where they can act against illegal hawkers. The state should have known this. This is a shame."
The court was hearing a clutch of petitions on the illegal hawking menace, including a plea by the Goregaon Merchants Association representing around 1,200 shopkeepers, which alleged failure of authorities to enforce street vending laws and ensure free pedestrian movement. The plea highlighted the "prevailing lawlessness and rampant hooliganism, particularly outside the Goregaon West railway station and adjoining areas, including Aarey junction."
During the hearing on Tuesday, amicus curiae Jamshed Mistry informed the court that the state was in the process of finalising a uniform street vending policy across Maharashtra. The state also confirmed that a committee had been constituted and timelines had been fixed to implement the GR.
The court, however, questioned the need for a new GR as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 was already in place, and urged the state to consider withdrawing the GR. The court also directed the state to spell out concrete steps it intends to take to identify and remove illegal hawkers.
"What action have you taken? What is your problem? Is there insufficient staff?" the court asked. If local police were unable to manage the situation, additional forces must have been deployed, it said.
In response, the state government informed the court that more than 9,000 cases had been registered against illegal hawkers over the preceding few months. Though regular police patrolling was being carried out in all areas, stricter action from the Brihanmumbai Municipal Corporation (BMC) would help prevent hawkers from returning, as police do not have the power to check vendor licences and impose penalties, the state said.
The court, however, questioned the government regarding action taken on illegal hawkers, saying, "You've only taken action against the 9,000 illegal hawkers. What about the remaining 3 lakh (illegal hawkers)? Every station from Churchgate to Virar and every lane in this city has illegal hawkers. What we have here is only a tip of the iceberg. Some incidents are reported, some are not. People have given up on the state."
The court sharply criticised the police for claiming they were powerless in the matter. Clarifying that the Maharashtra Police Act and the Bharatiya Nagarik Suraksha Sanhita gave the police adequate powers to ensure verification of licences and imposition of fines, the court said, "The hawkers have the audacity to sit in the middle of the road despite having a police chowki there. If the BMC removes them, why can't the police ensure they do not return?"
The court directed the BMC to provide updated details of verified hawkers to the police so the authorities can jointly identify and take action against the unauthorised hawkers....
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