The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) and city police to conduct a detailed verification of the identity of all hawkers and their assistants, including those suspected to be illegal immigrants. The court made it clear that if any individual is found to be residing unlawfully in India, appropriate legal action, including repatriation, must follow.
The directions were issued by a bench of Justices A.S. Gadkari and Kamal Khata while hearing a batch of petitions highlighting the growing problem of unauthorised hawking across Mumbai. The petitions pointed to widespread encroachment on footpaths and roads, leading to significant inconvenience for pedestrians and vehicular traffic.
As part of its order, the court instructed the civic body to carry out a comprehensive inspection of all vendors operating across the city, including those running temporary and permanent stalls. Authorities have been asked to examine whether these hawking activities are obstructing public movement.
The bench further directed that the identity of every individual involved in hawking activities—either as vendors or assistants—must be verified thoroughly. This includes persons alleged to be Bangladeshi nationals or other non-Indian citizens.
The court stated that in cases where individuals are found to be illegal immigrants, the competent authorities must initiate action in accordance with law, including steps for their repatriation.
Addressing the issue of regulation, the High Court noted that approximately 99,000 hawkers have already been declared eligible to conduct business. The BMC has been directed to allow only these registered vendors to operate, and that too strictly in line with the prescribed guidelines.
“No other hawkers, apart from those already found eligible, shall be permitted to carry on hawking activities unless they strictly adhere to the guidelines. All others shall be removed forthwith,” the court ordered.
The ruling underscores the court’s focus on balancing the rights of licensed hawkers with the need to ensure public convenience and lawful occupation of public spaces.
