- The Bombay High Court directed BMC to verify all hawkers across Mumbai, including alleged foreigners
- The court refused to extend the stay on the Street Vendors Act, enabling stricter law enforcement
- Verification must cover stall owners, helpers, and alleged illegal immigrants, per the court order
In an effort to tighten regulation of street vending in the city, the Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to carry out a comprehensive verification of all hawkers across Mumbai, including those alleged to be foreign nationals or non-Indian residents.
The bench also refused to extend the stay on the implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, setting the stage for stricter enforcement of laws governing street vending.
A division bench comprising Justices Ajay S Gadkari and Kamal R Khata passed the ruling while hearing a batch of public interest pleas raising concerns over unauthorised hawkers operating across Mumbai. The court's order places clear responsibility on the civic body and police to carry out identity verification without delay.
The court instructed civic authorities and the police to immediately begin verifying the identities of all individuals engaged in vending activities across Mumbai, including stall owners, helpers and assistants. The bench made it clear that this exercise must also cover persons alleged to be Bangladeshi nationals or foreign citizens operating without valid documentation
The court added, "If any individual is found to be an illegal immigrant, authorities must initiate appropriate legal action in accordance with the law, including steps for repatriation by competent authorities." It further held that failure to undertake necessary action would entail personal liability on all concerned officers.
The bench also rejected a request by hawkers' counsel seeking a two-week extension of the earlier stay on the implementation of the Street Vendors Act, so that they could challenge the high court order before the Supreme Court. The judges observed that delays caused by continuous litigation had already impeded enforcement of legal protections meant for street vendors.
The Street Vendors Act, 2014 was enacted to protect the rights of urban street vendors and regulate vending activities, but its implementation in Mumbai and across India has been slow and uneven, with conflicts between authorities and vendors persisting for years.
The court's ruling is expected to have significant implications for Mumbai's street vending ecosystem. Civic authorities have in recent months intensified action against unauthorised hawking, citing congestion, encroachment of footpaths and public complaints.
The court's ruling adds a new dimension by mandating identity verification, including scrutiny of allegations that some hawkers may be Bangladeshi nationals residing in the city without legal status.
Many argue that the verification exercise is necessary not just to clear public spaces but also to protect residents and commuters by ensuring that only eligible, documented vendors operate in the city.
