The Bombay High Court (HC) has made a big ruling that illegal hawkers cannot permanently occupy public spaces in Mumbai. This decision was made public on Thursday, April 24, following an order dated April 16.
Justices Gautam Patel and Kamal, part of the division bench, said that the rights of one individual should not disturb the rights of others. They highlighted the importance of maintaining free and secure pedestrian walkways.
The court took up the issue of unlicensed vendors in the city by itself (suo moto) last year. The bench raised the fundamental question, "Who is this city for?" in the context of competing claims to public spaces.
The judges asserted that public footpaths and roads cannot be permanently taken over by unlicensed vendors. They pointed out that such a situation would lead to a conflict between Article 21 and Article 14 of the Constitution.
The court further stated that it is unthinkable for an illegal street vendor to claim permanent status on a public road. Such a claim, they noted, cannot be accepted as it violates the constitutional rights of taxpayers.
The High Court clarified that the right to live, as claimed by an unlicensed vendor on a public space, cannot mean the right to the land at the expense of other users of that public space. They added that the right to livelihood can always be restricted by law.
The court proposed a solution to this issue: the concept of a "pop-up market" or "mobile vendors." This would allow street vendors to set up shop at specific locations and times under strict supervision. After their allotted time, the vendors would have to vacate the area, returning the public land to its original purpose.
The bench also suggested making and maintaining a database listing all licenses issued for street vending. This would facilitate monitoring and control of the situation.
The Brihanmumbai Municipal Corporation (BMC) commissioner has been asked to consider these recommendations. A follow-up hearing has been scheduled for June 24.
Share
Tweet
