Mumbai: Bombay HC on Tuesday orally upbraided the state govt and civic authorities over their failure to act against illegal hawkers and dubbed as an “eyewash” attempts to show that Street Vendors Act, 2014, was being implemented.Justices A S Gadkari and Kamal Khata said there is “no will” displayed by the authorities to implement HC’s earlier orders to remove illegal hawkers, including Bangladeshi vendors. “Illegality is supported by the state”, leaving law-abiding citizens to continue to suffer, the judges said. HC orally said the govt resolution (GR) to show steps for implementation of the 2014 Act and the latest letter circulated for committees was an “eyewash”. The judges, hearing a suo motu PIL on hawker issues and a PIL filed by Goregaon Merchants Association (GMA), asked the state lawyer to take instructions from the departments concerned and place their stand next week to state whether the GR can be reworked. The bench posed a series of questions over why its orders, including the latest one from March to act against unauthorised hawkers, were not being implemented. HC heard amicus Jamshed Mistry, GMA’s counsel Bahraiz Irani, additional solicitor general Anil Singh for BMC and govt pleader Anjali Helekar. HC said it had “grave concern” over how despite court orders, complaints of people, letters by local corporator, regular eviction actions by BMC, police have not acted to prevent illegal hawkers’ return. Citizens and lawful shopowners are harassed and illegal hawkers’ actions go unchecked due to police inaction, HC observed orally. Justice Khata said, “It is a sham and all that you are trying to portray is false.” “Every time we ask something, you just read out earlier orders. Don’t read and tell us the orders. Tell us whether you are doing to implement them,” the bench said. It was critical of the authorities pleading helplessness each time. “The state’s approach is—‘we can’t do anything, we are helpless’. It is a complete shame that we have to tell the state it has powers to act.” Irani said GMA got a notice on Tuesday from Hawkers’ Union threatening a protest against police action undertaken. The judges cautioned police: “If any law and order situation is to arise, it is your duty to ensure that law-abiding citizens are not left in the lurch.”
