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Synopsis

The Bombay High Court on Thursday castigated the state government and Brihunmumbai Municipal Corporation (BMC) for blaming each other and not taking action against the illegal hawkers.

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.

The high court noted that despite the orders being passed, no action was taken against the illegal hawkers. The bench indicated that it would not hesitate to exercise its contempt jurisdiction.

"Why this helplessness? The state government says the BMC is not helping. The BMC will blame someone else. Everyone is suffering. Give us an answer as to how you are going to reduce the problem of the common person till such time your scheme is not in place," the bench said.

The bench noted that although Parliament passed the law in 2014, the state government has yet to formulate any scheme. 

While criticizing the authorities, the bench emphasized that citizens should not be allowed to suffer due to the inaction of the authorities.

"There are only judgments and laws but there is no implementation. Are you expecting people to suffer daily till then? Pedestrians are suffering, shop owners are suffering, eligible hawkers are suffering. Why should people suffer because of inaction by the authorities," the bench said.

Therefore, the bench directed the state government to form a policy in consultation with the BMC and vendor committee by 30 September