Recently, the Bombay High Court took the authorities to task for the proliferation of illegal hawkers in the city. The court challenged both the police and civic authorities, asking whether they would permit these illegal vendors to set up outside prominent locations such as Mantralaya and the Governor’s Office.

The division bench of the Bombay High Court, consisting of Justice MS Sonak and Justice Kamal Khata, was hearing a suo motu Public Interest Litigation regarding the issue of illegal hawkers occupying footpaths throughout Mumbai.

“Entire state machinery collapsed. If you can't do it, you shut it. or shut down the courts. Brazenly people come. Every single day you expect a shopkeeper to come to court? Or does he have to have security guards with guns? Let us see if this (illegal hawkers) happens in front of Mantralaya or the Governor's house. You will have security there. Then will you say you don't have time to file an affidavit? There is a limit to this,” Justice Khata said.

The high court was informed that although the police had taken action against the illegal hawkers, they had merely returned to their previous locations once removed. In response, the bench remarked:

“What does the police do then? We need to know that. You are saying the police are unable to remove and we have to bring in the army? We have to have an answer to this. it cannot be recurring. The police cannot say let crime be committed, we cannot do anything. Once again it is happening (illegal hawkers). What is the answer to this? there has to be a solution or stop this, then it recurs,” the court said.

The bench also criticized the civic authorities and the police for not filing the affidavits as directed in the court's previous order.

“You expect every single citizen to sit in court every single day to enforce rights? BMC, MHADA, and Police, nobody is working. Nobody responded to our messages. Just sheer harassment to the people...Sheer Harassment. Nobody works. Is this the way lawlessness is going to continue? You do not file affidavits. There is a limit to this. How many times do citizens have to come to court? Those who want to abide by the law, have to suffer,” Justice Khata said.

Senior Advocate Anil Singh, representing the BMC, and Government Pleader Purnima Katharia requested additional time to file their affidavits. The bench responded, “Burn the midnight oil and file an affidavit within a week.” It then set a deadline of July 29 for the affidavits to be submitted and scheduled the matter for further hearing on July 30.

During the last hearing, the bench observed that the public's tolerance and repeated complaints to civic authorities do not alleviate their suffering.