Mumbai, March 23 The Bombay High Court on Monday said the current situation of street vendors in the city is "deeply concerning" and directed the city's municipal body and police to conduct a thorough verification of the identity of all vendors and their helpers, including those alleged to be from Bangladesh.
The court said that if any person is found to be an illegal immigrant, appropriate action, including repatriation, shall be taken by the competent authorities.
The order was passed by a bench of Justices A S Gadkari and Kamal Khata in response to a series of petitions raising concerns over unauthorized and illegal street vendors occupying footpaths and roads in the metropolis, causing obstacles for pedestrians and vehicles.
The court ordered the Brihanmumbai Municipal Corporation to conduct a comprehensive inspection and scrutiny of all vendors (both temporary and permanent stalls) located on roads and footpaths. The authorities shall ascertain whether these stalls obstruct pedestrians or vehicular movement, the HC added.
"The BMC and police shall conduct a thorough verification of the identity of all persons, including those alleged to be from Bangladesh or other non-Indian nationals, who operate stalls or carry out vending or hawking activities or work as assistants to vendors," the HC said.
If any such person is found to be an illegal immigrant, appropriate action shall be taken in accordance with law, including steps for repatriation by competent authorities, it added.
The bench, in its order, said it would be imprudent and insensitive to ignore the prevailing hazards and the consequences of inaction (against illegal hawkers), as it would confront the State with far graver consequences.
Currently, there are over three lakh street vendors operating across the city, leading to widespread congestion and civic disorder, the HC said.
The HC termed the situation of illegal street vendors as "deeply concerning" and said that pedestrians are unable to use footpaths, which are encroached upon by such vendors.
"The cumulative effect is a substantial erosion of the rights of citizens to free movement, safety, and an orderly civic life," the HC said.
The court said it was imperative that the statutory scheme be brought to its logical conclusion, adding that it has been nearly 12 years since the enactment of the Street Vendors Act.
"In our considered view, any further delay in the implementation of the Act would prove detrimental not only to the licensed vendors but also to the citizens at large, who continue to endure persistent and daily hardship due to the non-implementation of the statutory framework," the court said.
In the absence of a fully implemented statutory policy, licensed street vendors face serious hardship, it noted.
On the other hand, citizens are confronted with equally, if not more, pressing difficulties arising from the unchecked proliferation of hawking activities, which have in several areas resulted in the obstruction of public streets and footpaths, the HC said.
"The continued delay in implementing the Act has resulted in persistent hardship for citizens as well as vendors. The conundrum must therefore be resolved without further delay," the court remarked.
The court noted that around 99,000 persons have been found to be eligible to hawk, and therefore, the BMC is directed to permit them to do so strictly in accordance with the guidelines.
"No other vendors, other than the 99,000 already found eligible, shall be permitted to carry out hawking activities, provided that they strictly adhere to the guidelines. All others shall be removed forthwith," the HC said.