Mumbai hawker menace: Find solution for encroachment-free footpaths, says Bombay High Court

Mumbai: The Bombay High Court has asked the BMC to “systematically” find solutions to the identified problems to provide footpaths that are encroachment-free and have ample space for the movement of pedestrians and the disabled. The court had taken suo moto cognisance of the hawker menace in the city while hearing a petition by mobile shop owners in Borivali who claimed access to their shop was blocked by illegal hawkers in Nov 2022.

During the hearing on Monday, BMC counsel SU Kamdar informed the court they are implementing earlier HC orders on hawkers, including the demarcation of hawking zones. He added, however, that there were “some issues”.

Hawkers demand representation

The corporation had constituted a vendors committee which was to demarcate hawking zones. But then the hawker demanded representation in the committee which is in progress. Apart from marking hawking zones, this committee will also mark spaces between buildings to ensure easy access. “Shops (owners) pay tax but they don't have access. They will take that into account,” said Kamdar.

The counsel further said there was one more issue in marking the hawkers' zones as it would reduce the space on footpaths. “We have a footpaths policy which says footpaths are meant for people. But it is a hawkers zone problem we are facing,” he said.

To this, justice Gautam Patel said that the corporation can't have a standardised policy for all. “Some footpaths are widened and havespace for both (hawkers and pedestrians),” he said. The court even asked the corporation to keep an eye on those shops that have illegal extensions on footpaths.

While discussing access to footpaths, Kamdar said they will have ramps to make it disabled-friendly. However, the division bench of justices Patel and Neela Gokhale quickly pointed out that this would create a problem of vehicles driving and parking on footpaths.

The court has asked the BMC to file a detailed affidavit on the problems identified and on what is the priority of the authority by Mar 1, while the matter has been kept for hearing on Mar 3.