Maharashtra Ekta Hawkwers Union & Anr vs Municipal Corporation,Greater Mumbai ...

Pursuant to the aforesaid direction, Bombay Municipal Corporation (for short 'BMC') constituted an Advisory Committee composed of officials of the Corporation, representatives of the Residents' Associations, NGO's, elected representatives of the Traffic Police and representatives of the hawkers. In the interregnum, the Advisory Committee submitted a draft Scheme. Many suggestions were made but we are not concerned with the draft Scheme, proposals or suggestions, in these proceedings.

(5) They can only sell cooked foods, cut fruits juices and the like. We are unable to accept submission that cooking should be permitted. We direct that no cooking of any nature whatsoever shall be permitted. Even where cooked food or cut fruits or the like are sold, the food must not be adulterated or unhygienic. All municipal licensing regulations and the provisions of the Prevention of Food Adulteration Act must be complied with;

(15) It is expected that citizens and shopkeepers shall participate in keeping non hawking zones/areas free from hawkers. They shall do so by bringing to the notice of the concerned ward officer the presence of a hawker in a non hawking zone/area. The concerned ward officer shall take immediate steps to remove such a hawker. In case the ward officer takes no action a written complaint may be filed by the citizen/shopkeeper to the Committee. The Committee shall look into the complaint and if found correct the Committee will with the help of police remove the hawker. The officer in charge of the concerned police station is directed to give prompt and immediate assistance to the Committee. In the event of the Committee finding the complaint to be correct it shall so record. On the Committee so recording an adverse remark re failure to perform his duty will be entered in the confidential record of the concerned ward officer. If more than three such entries are found in the record of an officer it would be a ground for withholding promotion. If more than 6 such entries are found in the records of an officer it shall be a ground for termination of service. For the work of attending to such complaints BMC shall pay to the Chairman a fixed honorarium of Rs. 10,000/- p.m. (16) The scheme framed by us will have a binding effect on all concerned. Thus apart from those to whom licenses will now be issued, no other person/body will have any right to squat or carry on any hawking or other business on the roads/streets. We direct the BMC shall bring this Judgment to the notice of all Courts in which matters are now pending. We are quite sure that the concerned Court/s shall then suitably vacate/modify its injunction/stay order."

For the present the Officers will be deputed full time to work on the Committee. BMC shall forthwith make available to the Chairman and the Committee all facilities like office space, secretarial staff etc. BMC shall also make available to the Chairman a chauffeur driven car which is to be used for this work only. Any person or organization who feels, that roads/streets apart from those designated as non hawking zones are suitable for hawking, may apply to this Committee, for having that road/street designated as a hawking zone. Similarly any person or organization who feels that any road/street designated as hawking zone should be a non hawking zone may apply to the Committee for having that road/street designated as a non hawking zone. The person or organization so applying must deposit along with the application a sum of Rs. 1500/- per road/street in respect of which they want a decision. BMC shall add to that a sum of Rs. 1500/- per road/street. The sum of Rs. 3000 per road/street shall be handed over to the Chairman of the Committee as his honorarium. The Committee shall then cause a notice to be placed in the concerned ward office and in prominent places on that road/street inviting objections/suggestions in respect of that proposal. Undoubtedly the Committee shall visit the road/street and also hear all concerned parties including residents associations, shop owners in that road/street etc. The Committee shall then decide whether or not such road/street should be a hawking zone or not. The Committee will also decide how many hawkers can be accommodated on that road/street if it is to be a hawking zone. We clarify that merely because in the scheme, as sanctioned, an area has been shown as a hawking zone or a non hawking zone, will not preclude the Committee from considering whether hawking can be permitted on that road/street. We have no doubt that the Committee shall ensure that the above mentioned criteria are fulfilled before a road/street is declared as a hawking zone and that if all the criteria are met then that road/street is not kept out of a hawking zone. In the event of any difference between the Committee members, the decision of the Chairman of the Committee shall prevail. The decision of the Committee shall be final and binding on all."

We have noticed that total pitches now available in the hawking Zones are (23950 minus 15159) = 8791. For these 8791, there shall be draw of lots.

Each Committee shall print a format for draw of lots. Amongst others, the application form for draw of lots shall contain the following information:

By our order dated 9.12.2003, in direction No. 1, we have allowed Aarey/Sarita stalls and sugar cane vendors who may require an area of more than 1m. x 1m. and accordingly permitted them to utilize the space of not more than 2m. x 1m. Accordingly, the applicants in these intervention applications are permitted to stalls of 1m. x 2m. as provided in their license. This permission, however, is subject to verifications by the Committee that the allottees have locomotor disability and they have to take the assistance of wheelchairs, crutches, Jaipur foot and other enabling aids of the like (which are non- foldable).

All the Writ petitions, Contempt petitions except Contempt petition No. 140 of 2006 are accordingly dismissed. Issue notice in Contempt Petition No. 140 of 2006, returnable within six weeks.

List the matter for further orders after six months.