The Bombay High Court on Tuesday orally reprimanded the Maharashtra government and civic authorities for their failure to take action against illegal hawkers, describing their attempts to show implementation of the Street Vendors Act, 2014, as an "eyewash."
Court expresses grave concern
A division bench of Justices A S Gadkari and Kamal Khata observed that there is "no will" displayed by the authorities to enforce the court's earlier orders to remove illegal hawkers, including those from Bangladesh. The judges stated that "illegality is supported by the state," leaving law-abiding citizens to continue suffering.
The court orally remarked that the government resolution (GR) outlining steps for implementing the 2014 Act and the latest letter circulated for committees were an "eyewash." The bench was hearing a suo motu public interest litigation (PIL) on hawker issues and a PIL filed by the Goregaon Merchants Association (GMA).
Questions over implementation
The judges asked the state lawyer to take instructions from the concerned departments and present their stance next week on whether the GR could be reworked. The bench posed several questions about why its orders, including the most recent one from March to act against unauthorized hawkers, were not being implemented.
The court heard amicus curiae Jamshed Mistry, GMA's counsel Bahraiz Irani, Additional Solicitor General Anil Singh for the Brihanmumbai Municipal Corporation (BMC), and government pleader Anjali Helekar. The bench expressed "grave concern" that despite court orders, complaints from citizens, letters from local corporators, and regular eviction actions by the BMC, the police had not acted to prevent illegal hawkers from returning.
Police inaction criticized
The court observed orally that citizens and lawful shop owners are being harassed, while illegal hawkers' actions go unchecked due to police inaction. Justice Khata remarked, "It is a sham and all that you are trying to portray is false."
"Every time we ask something, you just read out earlier orders. Don't read and tell us the orders. Tell us whether you are doing to implement them," the bench said. The court was critical of the authorities pleading helplessness each time. "The state's approach is—'we can't do anything, we are helpless'. It is a complete shame that we have to tell the state it has powers to act," the judges added.
Threat of law and order
Irani informed the court that the GMA had received a notice from the Hawkers' Union threatening a protest against police action undertaken. The judges cautioned the police: "If any law and order situation is to arise, it is your duty to ensure that law-abiding citizens are not left in the lurch."
