Residents of Colaba have stepped into a legal fray by filing an intervention plea in the Bombay High Court on Thursday. They seek to join an ongoing writ petition concerning the rights of hawkers under the Colaba Causeway Tourism Hawkers Stall Union (CCTHSU). This move by the Clean Heritage Colaba Residents’ Association (CHCRA) underscores the local community’s concerns over the impact street vendors have on their environment and quality of life.
Earlier reports from HT on February 7 highlighted CHCRA’s plans to intervene after the Supreme Court halted the eviction of hawkers by the Brihanmumbai Municipal Corporation (BMC), a decision that was temporarily stayed on January 27. The apex court later remanded the case back to the high court on March 3, extending the stay and asking for a resolution within three months.
The residents’ plea argues that illegal hawking severely affects their fundamental rights to a clean and safe environment as enshrined in Article 21 of the Constitution. They contend that while the Street Vendors Act, 2014, is designed to protect vendors’ livelihoods, it should not impede citizens’ rights to utilize public spaces without obstruction.
Highlighting the practical challenges, the plea details issues such as restricted mobility for the elderly and differently-abled, increased crime risks, traffic jams, and health hazards due to unsanitary conditions perpetuated by some hawkers. It notes that many vendors are operating illegally, including in designated “No Hawking Zones” like Shahid Bhagat Singh Road, Colaba Causeway, and near Regal Cinema.
According to the CHCRA, a 2014 survey by BMC identified only 79 out of 253 hawkers as eligible to operate, suggesting widespread non-compliance with city regulations. The residents’ submission also points out cases of hawkers subletting their stalls, erecting permanent structures on sidewalks, and selling goods in restricted zones such as near religious places and schools.
The community has voiced concerns over the continued encroachment on pedestrian pathways, which forces people to walk on busy streets, thereby increasing the risk of accidents. The plea urges the court to prioritize public access to clean and unobstructed public spaces and to affirm that vending activities should not compromise public safety.
Representing the CHCRA, Advocate Prerak Choudhary emphasized the urgency of restoring pedestrian pathways for safe and free movement. “Today, citizens of Colaba don’t have an unobstructed footpath to walk upon. Pavements are to walk, not to hawk,” said Choudhary, expressing hope for a resolution that aligns with public interest.
