Unauthorised hawkers can’t take over footpaths, public roads: HC

Mumbai: Footpaths and public roads in Mumbai cannot be allowed to be taken over by unauthorised hawkers permanently, the Bombay High Court has said, suggesting that the city’s civic body consider the idea of a pop-up market or mobile vending concept.

A division bench of Justices Gautam Patel and Kamal in its order of April 16, a copy of which was made available on Thursday, said the constitutional right of one person cannot mean violation of the right to a free and safe footpath for pedestrians. The bench last year had taken suo motu (on its own) cognizance of the issue of illegal vendors in the city.

It said a fundamental question that arises in the petition is “who is this city for” as there are rival contestants for this space. “Public footpaths and public roads cannot be allowed to be taken over by unlicensed vending on a permanent basis,” the court said.

Apart from anything else, this will create a conflict within Article 21 and within Article 14 of the Constitution, it said.

It is “inconceivable” that an unlicensed street vendor can claim permanency on a public street, the court said, observing that this would impact the constitutional rights of pedestrians and other tax-paying citizens.

“We do not see how the Article 19 right (to livelihood) claimed by an unlicensed vendor on a public space can translate into a right to the land at the cost of other users of that public space,” the HC said.

The right to livelihood can always be regulated as per the law, it said. The bench noted that pedestrians’ right to use a footpath cannot

be compromised.