Pedestrians have to walk on the road risking their lives as illegal hawkers encroach on the footpaths. The hawker policy does not mean to do business or set up shop anywhere, the High Court on Monday commented on illegal hawkers on footpaths. Also, it refused to give relief from municipal action to illegal shopkeepers on St. Louis Road in Char Bangla area of Andheri West.
Claiming that they have been doing business on the footpath in Andheri for more than four decades, these hawkers had approached the High Court against the action initiated by the Municipal Corporation. Similarly, it was demanded to give interim protection from action. A bench of Justice Gautam Patel and Justice Kamal Khata rejected the above observation.
Among the petitioner hawkers, only five hawkers are licensed. Other hawkers have encroached on the footpath. Therefore, the court also explained that relief cannot be given to them. From the photographs produced in the court, it appears that the petitioners have blocked the entire footpath. As a result, pedestrians have to walk on the road, the court also commented.
On the other hand, the petitioners have failed to show license as per hawker Act. Therefore, the mere fact that the petitioners have been residing at the place since four decades is not sufficient to grant interim relief to the petitioners. If relief is granted to the petitioners, they will sit permanently on the footpath. Therefore, the court also mainly highlighted that interim protection cannot be granted to the petitioners considering the wider implications.
How are these hawkers allowed to do business without a license?
How did the petitioners get permission to do business without a license? The court also raised such a question at this time. Also, the public prosecutor was ordered to file a reply thereon.
Petitioners claim that they have been doing business for years. They and their family depend on this business. The municipal administration was required to issue a notice before taking action. However, the petitioner hawkers claimed that the action was being taken without executing it.
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