Bombay High Court Mandates Swift Action on Hawker Committees
The Bombay High Court issued a decisive order on Monday, directing the Maharashtra state government to make it imperative for 104 municipal councils and corporations to complete the election process and constitute Town Vending Committees (TVCs) within a strict timeline of four months. This directive comes as a significant step toward implementing the long-pending Street Vendors Act of 2014, which aims to regulate and protect street vendors across the state.
Legal Proceedings and Petitioners' Grievances
The bench, comprising Justices Bharati Dangre and Manjusha Deshpande, was hearing petitions filed by four individual hawkers and a hawkers union. These petitions highlighted systemic failures in enforcing the Street Vendors Act, with particular focus on the Navi Mumbai Municipal Corporation (NMMC). The petitioners alleged that NMMC officials were seizing their goods without following the due process mandated by the Act, while the corporation countered by labeling them as encroachers in non-hawking zones. A critical point of contention was the absence of a formal vending scheme, which the Act requires to delineate permissible hawking areas.
Government's Response and Judicial Scrutiny
During the hearing, the state's advocate presented a Government Resolution (GR) dated April 20 from the Urban Development Department, which outlined plans to establish a committee for formulating a comprehensive vending scheme applicable throughout Maharashtra. The judges acknowledged this as some progress in implementing the 2014 Act. However, they raised pointed questions about the practicality of implementing such a scheme without consulting the TVCs, including those that have not yet been constituted.
"Can you not perceive the problem? The statute says in every area, the vending committee has to be consulted," Justice Dangre remarked, emphasizing the legal requirement for stakeholder input. The court noted that the GR provides a maximum timeline of six months for constituting TVCs and incorporating their recommendations into the draft scheme, but stressed the urgency of faster action.
Court's Directives and Timeline
In response to these concerns, the High Court issued specific orders:
- The Secretary of the Urban Development Department must ensure that elections for TVCs in the 104 pending councils and corporations are concluded within four months.
- An affidavit must be filed by the Secretary detailing a clear timeframe for establishing and making functional grievance redressal committees, which have remained unformed since the Act's inception in 2014.
The judges expressed dissatisfaction with previous government assurances, stating they had not received a positive response regarding the constitution of these committees. This order aims to address both the immediate need for TVCs and the broader issue of grievance mechanisms for hawkers, ensuring their rights are upheld under the law.
