Bombay High Court Adjourns Hawking PIL, Demands Action Plan from Authorities
The Bombay High Court has taken a significant step in addressing the persistent hawking issues in Mumbai by adjourning a suo motu Public Interest Litigation (PIL) to April 21. During the hearing, the court explicitly sought detailed information from the Brihanmumbai Municipal Corporation (BMC) and the State of Maharashtra regarding their plans to implement the court's recent orders during the interim period before a new regulatory scheme is formally established.
Court Scrutinizes Implementation of Previous Directives
The division bench, presided over by Justice AS Gadkari, is currently hearing a 2023 suo motu PIL that comprehensively examines various aspects of the hawking problem. This includes critical issues such as the obstruction of pavements by unauthorized vendors. The court had previously granted time to the civic body to outline the steps taken to announce the results of the Town Vending Committee (TVC) elections for Mumbai, a process mandated by the court's earlier decision.
Advocate Jamshed Mistry, serving as the amicus curiae (friend of the court) in this suo motu PIL, emphasized the urgent need for the BMC to enforce the provisions of the 2014 Street Vendors’ Act. This legislation specifically requires the formation of committees and the development of a new scheme to regulate street vending activities effectively across the city.
Separate PIL Highlights Safety Concerns in Goregaon
In a parallel development, the High Court has also directed the BMC and the State of Maharashtra to provide an immediate reply in a separate PIL filed by the Goregaon Merchants Association. This petition raises alarming concerns about the physical safety of licensed shops and other establishments in the Goregaon suburb, citing violence perpetrated by illegal hawkers as a primary threat.
The PIL, filed last year through advocate Bahraiz Irani, details the rampant illegal hawking on public spaces in western Goregaon, which has severely inconvenienced citizens by leaving no accessible footpaths, particularly outside the Goregaon railway station (west) and the Aarey Road junction. The association has been consistently raising these grievances with the BMC and local police since 2014, but with minimal resolution.
History of Violence and Court Interventions
The situation escalated in 2020 and again in 2025 when some hawkers allegedly pelted stones at the car of Firdaus Irani, the joint secretary of the Goregaon Merchants Association. In response, the High Court directed urgent police protection and ordered law enforcement to ensure no breakdown in law and order in the neighbourhood.
However, the PIL alleges that in 2024-2025, illegal hawkers further encroached upon the verandas of several legally operating shops. Following another alleged attack by hawkers, the High Court once again ordered police protection. Despite these interventions, the illegal activities reportedly continued, with hawkers allegedly demanding money from shops in early 2025 as compensation for losses incurred due to complaints filed by the association.
The High Court has scheduled the Goregaon matter for an urgent hearing on April 15 and has instructed both the BMC and the State to file their replies promptly. This dual-track approach by the judiciary underscores the complexity and urgency of resolving the hawking crisis in Mumbai, balancing regulatory enforcement with public safety concerns.
