Bombay High Court Criticizes BMC’s Failure to Curb Illegal Hawking

In a recent judgment, the Bombay High Court reprimanded the Brihanmumbai Municipal Corporation (BMC) for its inability to control the growing issue of illegal hawkers in Mumbai. The court noted that despite repeated directives, the BMC had failed to address the problem, particularly in areas around sensitive locations like the High Court.

Court’s Observations

The court emphasized that illegal hawking remains a persistent problem despite the BMC's promises of stricter enforcement. It observed that the presence of unauthorized hawkers not only disrupts public spaces but also creates congestion and affects the smooth functioning of the city. The judges expressed frustration that the problem persists in many parts of the city, especially near critical areas, including the court premises.

BMC’s Lack of Enforcement

The BMC’s counsel admitted challenges in enforcing the law against illegal hawking, but the court found this explanation inadequate. It criticized the BMC for not utilizing its powers and resources effectively. The court expressed concern over the lack of proper supervision and action by BMC officials, accusing them of neglecting their duties to manage public spaces. This failure, the court argued, was affecting the rights of citizens to enjoy public spaces free from encroachments.

Legal and Civic Responsibility

The court reiterated that the BMC, as a public authority, has a duty to enforce municipal laws that prohibit illegal hawking. It stated that the failure to do so undermines the rule of law and sets a poor precedent. The court also pointed out that several earlier orders issued to address the issue had not been effectively implemented, indicating a clear failure of the civic body to adhere to judicial directions.

Police Assistance

In a bid to strengthen enforcement, the court suggested that the BMC collaborate more closely with the police to take concrete action against illegal hawkers. The court emphasized that the removal of hawkers is essential to ensure the safety, security, and accessibility of public spaces, especially in high-traffic and sensitive areas.

Conclusion

The Bombay High Court’s order highlights the gravity of the illegal hawking problem in Mumbai and the BMC’s failure to address it. The court’s firm stance on the issue reflects a growing concern over the lack of civic accountability and enforcement of laws in Mumbai, stressing the need for immediate and effective action to restore public order and discipline in handling illegal hawkers.

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