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Hawkers Don't Have Absolute Right To Squat On Pavements And Footpaths; Public Interest Paramount
07 Dec 2019 01:45 pm
The Bombay High Court recently held that hawkers do not have an absolute and unconditional right to squat on pavements or footpaths and conduct their business causing hindrance to pedestrian and traffic movement in the area.
Division bench of Justice SC Dharmadhikari and Justice GS Patel were hearing a writ petition filed by hawkers from Bhandup who were directed to vacate the stalls run by them within 15 days as they lie within 150 metres from Bhandup railway Station. The Assistant Commissioner in his order asked the petitioners to relocate to the shops allotted to them in the Municipal Market nearby.
Submissions
Senior Advocate MM Vashi appeared on behalf of the petitioners and Senior Advocate AY Sakhare for the Mumbai Municipal Corporation.
MM Vashi disputed Municipal Corporation's position that the stalls run by the petitioners were within the prohibited distance as an educational institution was also in the vicinity apart from the railway station.
Vashi contended that the stalls are not within 100 metres of the railway station and they may be in close proximity with an educational institution. Once Vashi placed a map of the said area on record and sought to rely on it, Court asked the Municipal Corporation to reply. Corporation's stand was firm, they reiterated stand that the stalls are within 100 metres of Bhandup railway station.
Venkat A. bhasha boina vs. Mumbai Municipal Corporation
