On Monday, the Bombay High Court ruled that if the prime minister and other VVIPs can use the streets and walkways for one day, then why can’t everyone else have daily access to them as well?
A division bench of Justices M S Sonak and Kamal Khata held that everyone has a fundamental right to a clear sidewalk and a safe place to walk. The state authorities were required to provide these amenities.
The bench concluded that the state must act immediately to address the issue of unauthorized hawkers encroaching on city sidewalks. It can no longer simply wait to see what can be done.
Last year, the high court raised the issue of unauthorized and illegal hawkers and vendors in the city suo motu (on its own).
The bench stated on Monday that although it is aware of the scope of the issue, the state and other authorities—including the civic body—must take immediate action.
“The sidewalks and streets are cleared right away when the prime minister or other VIPs arrive, and they remain that way until they leave. So, how is it carried out? How come it isn’t possible for everyone else? The court ruled that since citizens pay rates, they have a right to a safe place to walk and a clear sidewalk.
“Access to a sidewalk and a secure area for walking is a basic right. The court asked, “We tell our kids to walk on footpaths, but what do we tell them if there’s no footpath left to walk on?”
It stated that the authorities have been claiming to be working on the problem for years.
“The state needs to take immediate action. It can’t be that the government is always pondering what to do and trying to figure it out. Since there is always a way where there is a will, it appears that there isn’t enough of it, the high court stated.
Senior counsel SU Kamdar, appearing for the Brihanmumbai Municipal Corporation (BMC), said periodic action is taken against such vendors and hawkers but they keep coming back.
He said the BMC was also considering the option of underground markets.
The court then remarked in jest that the corporation was literally trying to bury the problem underground.
The bench noted the fine imposed by civic bodies on these vendors/hawkers was irrelevant as they have higher sales per day.
“Your fine is pittance to them. They will pay and leave,” the high court said.
The court suggested the BMC develop a database identifying all such hawkers so that they do not breach orders and come back with their stalls.
“Let there be a combing operation. Start with one street…the biggest trouble is identification. They keep coming back because they are not identifiable,” it said.
