Court Rebukes Maharashtra and BMC Over Hawker Issues

On August 1, 2024, the Bombay High Court delivered a stern reprimand to both the Maharashtra state government and the Brihanmumbai Municipal Corporation (BMC) for their prolonged inaction regarding the regulation of street vendors. The court’s Division Bench, comprising Justices Mahesh Sonak and Kamal Khata, condemned the authorities for their failure to implement the Street Vendors Act 2014, which mandates the establishment of Town Vending Committees (TVCs) to manage and regulate hawkers.

The Street Vendors Act, introduced a decade ago, aimed to control illegal hawking, distinguish between authorised and unauthorised vendors, and issue necessary licences. Despite this legislative requirement, neither the state government nor the BMC has made substantial progress in enforcing the Act. The court observed that the authorities have merely engaged in a blame game, with the state government and BMC pointing fingers at each other instead of addressing the issue constructively.

Justice Sonak criticised the lack of action, stating, “The legislature requires you to act within six months, yet no significant steps have been taken in the past ten years. The problem has become a joke, with authorities failing to coordinate and merely shifting blame.” He emphasised that the court’s role is not to resolve bureaucratic delays but to ensure that the executive performs its duties. The court expressed frustration over the ongoing non-compliance with both legislative mandates and previous court orders.

This suo moto Public Interest Litigation (PIL) underscores the ongoing struggle to address the hawker issue, which has persisted despite multiple court rulings and directives. Justice Khata highlighted the widespread suffering caused by the lack of effective action, noting the detrimental impact on citizens, legal vendors, and pedestrians alike. “What is your answer to this suffering? Laws and judgments exist, but there is no action. Why is there such helplessness?” Justice Khata questioned, reflecting the court’s disillusionment with the situation.

The Bench expressed its discontent with the Government pleader and senior counsel, who represent the BMC, for their tendency to cite difficulties rather than present viable solutions. The court asserted that it is the executive’s responsibility to overcome challenges and comply with legislative requirements. “We can guide the process, but it is up to the authorities to execute it,” the judges stated. In response to the ongoing delays, the court has mandated that the Maharashtra government, in consultation with the BMC and the TVC, formulate a comprehensive scheme for hawker regulation by September 30, 2024. The matter has been adjourned until September 2, 2024, for further review.