The Bombay High Court on Thursday rapped the Maharashtra government for its failure to fully implement the provisions of the Street Vendors Act, 2014 noting that because of a decade of inaction, the citizens continue to suffer the menace of illegal hawkers and vendors who encroach public roads.
The court also expressed displeasure over the State government and the Brihanmumbai Municipal Corporation (BMC) playing the blame game instead of taking concrete measures against illegal hawkers.
“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,” a bench of Justices MS SOnak and Kamal Khata said.
Asking for answers to solve the problem instead of playing the blame game, the judges said: “Why this helplessness? The state government says the BMC is not helping…the BMC will blame someone else…Everyone is suffering.. Give us an answer as to how you are going to reduce the problem of the common person till such time your scheme is not in place.”
The court also warned that it will not shy away from initiating contempt against the authorities. “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,” the bench said.
The court had taken suo motu cognisance of the issue while hearing a 2022 petition by mobile shop owners in Borivali, who claimed that access to their shops was blocked by illegal hawkers. The court has since been monitoring the actions of the state, the BMC, and the police regarding various complaints against the “hawkers menace”.
The court highlighted that under the Street Vendors Act, the government should formulate a scheme within six months with consultation with the local civic body. However, till date no such scheme has been formulated by the state government.
Irked, the court said the authorities were neither implementing Parliamentary legislation, nor court orders. “There are only judgments and laws but there is no implementation. Are you expecting people to suffer daily till then? Pedestrians are suffering, shop owners are suffering, eligible hawkers are suffering. Why should people suffer because of inaction by the authorities?” the bench asked.
The State and the BMC were justifying their inaction under the garb of “bureaucratic difficulties” which could be easily overcome if there is a will to implement. The court has asked for formulation of the scheme latest by September 30.
“The State and the BMC blame each other for the abject failure to comply with the provisions of the Act or to formulate the scheme. We direct the state government to formulate the scheme in consultation with BMC and town vending committee as expeditiously as possible and in any event not later than September 30,” the court stated.
The court has clarified that the Principal Secretary of the Urban Development Department will be held responsible for complying with the mandate of the law. “It is necessary to have one such officer to be held responsible as we find that there is a tendency to find problems. It is the duty of the executive to overcome such difficulties and strictly comply with the mandate of the legislature,” the court said in a detailed order.
BMC assured the court that the Town Vending Committee would be in place by August end. The court has asked the BMC to submit a report by August 29 on the status of its drive of continued monitoring of 20 areas which are overcrowded and action against illegal hawkers.
The court has emphasised that under no circumstances the scheme should not be delayed beyond September 30.
The HC has kept the matter for hearing on September 2.
