Bombay High Court pulls up Maharashtra government and BMC for its failure of implementing Street Vendors Act 2014  

Bombay High Court criticizes State government and BMC for failing to address illegal hawker issue, demands action by September 30.

The Bombay High Court on Thursday, August 1, 2024 came heavily on the civic authority and the State government for blaming each other on the menace of illegal hawkers’ issue across the state and not taking ownership to come up with a solution.  A Division Bench of judges, Justices Mahesh Sonak and Kamal Khata noted that despite having the Street Vendors Act 2014 that mandates to constitute Town Vending Committee (TVC) within six months, the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government did not implement it in the last 10 years. The act was introduced to control illegal hawkers, identify authorised and unauthorised hawkers, certifying and issuing them licences.  

“The legislature requires you (the State government and the BMC) to do something within six months, but you did nothing from last 10 years. If they (State government) want to they can come up with ordinance overnight. They can bring in committees overnight. But they are choosing to blame the BMC. The problem is too old. It has become a joke now that the authorities are not coordinating and are instead blaming each other. We are not here to sort out these small things like bureaucratic delays, lack of coordination. We feel that you (the State government and the BMC) think that we are interfering too much in the work of the executive but when the executive fails in his duty, we must do something. We will never give up on this issue. We will not raise our hands. We will go step by step. It is very unfortunate and sad that not only is the law not implemented, but even our orders passed from time to time are not followed,” Justice Sonak remarked. 

The Bench was hearing a suo moto Public Interest Litigation (PIL) on the hawkers’ menace across the state that stressed upon the failure of authorities’ intervention despite multiple orders passed by the High Court as well as the Supreme Court to implement the Street Vendors Act 2014.  

“I am fed up hearing the same thing from the last 10 years. Every single human being in this city is suffering be it citizens or hawkers. What is your answer to that? Citizens, hawkers, legal hawkers, shop owners, pedestrians, everyone is suffering. There are only judgments, laws but no action. Are you expecting people to suffer and not complain? Why is this helplessness? Give us an answer as to how you are going to reduce the problem of the common person till such a time your scheme is not in place,” Justice Khata observed.  

Disappointed by the Government pleader Purnima Kantharia and senior counsel Anil Singh representing the BMC at the High Court, the Bench said there is an increased tendency to only cite difficulties or blame. “It is the duty of the executive to overcome such difficulties and strictly comply with the mandate of the legislature. We can take the horse to the stream, but we cannot make the horse drink the water. We will take action if we have to do it, we will not shy away. But first we need to come up with some practical solution. Under no circumstances should the formulation of the scheme be delayed. If the state Urban Development Department’s Principal Secretary faces difficulties from any quarter it is his responsibility to move this court by stating clearly on affidavit, names of people or authorities responsible for creating such difficulties. If he does not do this then it will be presumed that despite there being no impediments the officer has failed to comply with the statutory mandate and court orders directing the executive to implement the legislative mandate,” the Bench said. 

The Bench sought the State government to formulate the scheme before September 30 and said, “We direct the State government to formulate the scheme in consultation with BMC and Town Vending Committee as quickly as possible and not later than September 30.” The court has adjourned the matter till September 2.