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Synopsis

The Bombay High Court on Monday criticized the authorities over illegal hawkers in the city and questioned the police and civic authorities if illegal hawkers would be allowed outside Mantralaya and the Governor’s Office.

The division bench of the high court comprising Justice MS Sonak and Justice Kamal Khata, was hearing suo moto Public Interest Litigation concerning illegal hawkers on the footpaths in the city of Mumbai.

“Entire state machinery collapsed. If you can't do it, you shut it. or shut down the courts. Brazenly people come. Every single day you expect a shopkeeper to come to court? Or does he have to have security guards with guns? Let us see if this (illegal hawkers) happens in front of Mantralaya or the Governor's house. You will have security there. Then will you say you don't have time to file an affidavit? There is a limit to this,” Justice Khata said.

The high court was informed that the police had taken action against illegal hawkers, but the hawkers returned to the same place from where they were removed. The bench responded and said,

“What does the police do then? We need to know that. You are saying the police are unable to remove and we have to bring in the army? We have to have an answer to this. it cannot be recurring. The police cannot say let crime be committed, we cannot do anything. Once again it is happening (illegal hawkers). What is the answer to this? there has to be a solution or stop this, then it recurs,” the court said.

The bench also pulled up the civic authorities and the police the affidavits were not filed as directed by the bench in the previous order.

“You expect every single citizen to sit in court every single day to enforce rights? BMC, MHADA, and Police, nobody is working. Nobody responded to our messages. Just sheer harassment to the people...Sheer Harassment. Nobody works. Is this the way lawlessness is going to continue? You do not file affidavits. There is a limit to this. How many times do citizens have to come to court? Those who want to abide by the law, have to suffer,” Justice Khata said.

Senior Advocate Anil Singh, appearing for the BMC, and Government Pleader Purnima Katharia sought time from the bench to file their affidavits. The bench responded and said, “Burn the midnight oil and file an affidavit within a week”

The bench then directed the affidavits to be filed by 29 July and posted the matter for further hearing on 30 July.

During the last hearing, the bench noted that merely because the public is tolerant and fed up of complaining to the civic authorities it does not mean that the suffering of the public is reduced.

Case title: HC On Its Own Motion