The Bombay High Court highlighted today that while streets and roads are promptly cleared by authorities for visits from the Prime Minister and other VVIPs, such measures are notably absent for ordinary citizens on a regular basis.

“For years together citizens keep suffering in this manner. Courts keep on passing orders. The state is rendered helpless to say we will do this and that, we will do underground, overground..Why are we not protecting citizens who are ratepayers? When the Prime Minister or VVIPs come, roads are cleared. Why not otherwise? We need to have the state really working on this,” the court said.

The division bench of the Bombay High Court, consisting of Justice MS Sonak and Justice Kamal Khata, was addressing a suo moto Public Interest Litigation concerning the presence of illegal hawkers on the footpaths.

During the last hearing, the bench proposed that the BMC could consider introducing a concept akin to "mobile vendors" or a "pop-up market," allowing hawkers to sell their goods at designated locations and times.

Senior Advocate SU Kamdar, representing the BMC, informed the court that a returning officer had already been appointed for the vending committee elections. He further noted that despite regular removal efforts, certain illegal hawkers persistently returned, and several FIRs had been filed in this regard.

Additionally, Kamdar mentioned that the BMC was actively considering the proposals for a mobile market and an over-ground market, as suggested during the proceedings.

Justice Kamal Khata responded, stressing the importance of accurately identifying hawkers.

“They cannot be coming back. Because they have not been identified. Let there be a combing operation. Like biometric for slums. Take one street after another. Every street they have to identify. We have to find a solution. We have to get data on the density of hawkers. The biggest trouble is identification of hawkers. Because they can damage and they can go,” Justice Khata said.

Furthermore, the bench also said that people were forced to walk on streets due unlicenced hawkers on footpaths.

“At least as far as footpaths are concerned, you clear them up on a daily basis. We are forcing people to walk on the streets. That is the cascading effect. If footpaths are encroached upon, where are people to walk? That is their fundamental right. We tell our children to walk on footpaths. But if there are no footpaths, what are they going to do? There is a problem with every ratepayer. State has to do something drastic. It can be twelve years you will be working on the issue despite the Supreme Court order,” the court said.

The bench directed Senior Advocate Kamdar to ensure that elections for the vendor committee are conducted within four weeks and scheduled the next hearing on July 22, 2024.