IN THE SUPREME COURT OF INDIA

I.A. 198-199 OF  2005

CIVIL APPEAL Nos 4156-4157 / 2002

IN THE MATTER OF MAHARASHTRA EKTA HAWKERS UNION & ANR.            ……PETITIONERS

VERSUS

MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS ..RESPONDENTS

AND

IN THE MATTER OF:

URBAN STREET VENDORS LOK SEVA KENDRA

Regd. No: 2188/2005 G.B.B.S.D.

Yasin House. Near Noor Masjid. Gavdevi Dongri

V.P.Road. Andheri [West] Mumbai 400058.                           …APPLICANT.

THE APPLICATION FOR IMPLEADMENT / INTERVENTION ON BEHALF OF APPLICANT.

TO

THE HON’BLE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICE OF SUPREME COURT OF INDIA.                                 

THE HUMBLE APPLICATION

                                        ABOVENAMED.

MOST RESPECTULLY SHWETH 

1       That the above mentioned Civil Appeals have been filed by the petitioners against the judgments dated 05.07.2000 and 03.05.2001 passed by the High Court of Judicature at Bombay in Writ Petition No 621 of 1999 vide which the Hon’ble High Court had sanctioned the Scheme filed by the Bombay Municipal Corporation [BMC] in respect of hawkers with certain modifications and also rejected the modifications proposed by the BMC in the said Scheme respectively. 

2       That this Hon’ble Supreme Court in the abovementioned petition vide its judgment dated 09.12.2003, while reiterating that the hawkers had a fundamental rights under Article 19[1][g] of the Constitution but subject to reasonable restrictions under Article 19[6], laid down certain guidelines/conditions, in respect of Mumbai City, for license and unlicensed hawkers for carrying hawking business and frame the Scheme keeping in mind the rights and needs of the hawkers and balancing that with the right of the public, with certain Restrictions/Conditions  [ANNEXURE ‘A’]   

3       That the Applicant is a Lok Seva Kendra Regd. No: 2188/2005 GBBSD. rendering Non-Profit services for providing Self Employment to the Unemployed persons with the main object of Poverty Alleviation among urban poor & Vendors/Hawkers. carrying on businesses to earn their livelihood in all 24 BMC Wards in Mumbai.    [ANNEXURE “B”] 

4       That the applicant have agreed in principal to abide by the order and Scheme of this Hon’ble Court and therefore the Applicant had filed undertaking to abide by the order and to co-operate in its implementing as per this Hon’ble Court order dt. 30.07.2004. on 25.07.2005 and also submitted copy to BMC on 15.07.2005.    [ANNEXURE “C”] 

5       That the Applicant has also written to Asstt. Municipal Commissioners of BMC by letter dt.17.08.2005 to give the details of implementing of scheme so as to render necessary co-operations in the implementing of the scheme and to see that no violations of the order are committed.   [ANNEXURE “D”] 

6       That the applicant, on the basis of the opinions expressed by unlicensed Street-Vendors and Hawkers of Mumbai during its discussions and from its own experience has come to an understanding that the said Restrictions / Conditions that are not rigid and inflexible, need certain Modification and additions in view of taking care of the rights and needs of the hawkers and balancing that with the right of the public. And therefore it is further submitted that  certain modification and additions may be made in the existing Scheme of 09.12.2003 as follows: 

a]        Condition No (1) An area of 1 mtr x 1 mtr on one side of the footpath where ever they exist or on an extreme side of the carriageway, in such a manner that the vehicular and pedestrian traffic is not obstructed and access to shops and residences is not blocked. We further clarify that even where hawking is permitted, it can be on one side of the footpath or road and under no circumstances on both sides of the footpaths or roads. We however clarify that Aarey/Sarita stalls and sugar cane vendors would require and may be permitted an area of more than 1 Mt. by 1 Mt. but not more than 2 Mt. by 1 Mt. 

Proposed Modification in Restriction/Condition No 1 

It is submitted that the area of 1Mts by 1 Mts will be too less as the different hawking activities require different dimensions and may be alter to 2 Mts. by 1 Mts. uniformly for all the Hawkers. 

b]        Condition No (2) Hawkers must not put up stalls or place any tables, stand or such other thing or erect any type of structure. They should also not use handcarts. However they may protect their goods from the sun, rain or wind. Obviously this condition would not apply to Aarey/sarita stalls.

Proposed Modification in condition No 2 

Goods sold directly at the road and footpaths ground levels will cause inconveniences to customers while selecting their purchases particularly to the senior citizens and ladies, moreover despite all efforts by the vendors the goods will be contaminated with dust dirt making it unclean and unhygienic, therefore a reasonable size of table or stand can be allowed to solve the problems. 

c]        Condition No (3) There should be no hawking within 100 meters from any place of worship, holy shire, educational institutions and hospitals or within 150 meters from any municipal or other markets or from any railway station. There should be no hawking on footbridges and over-bridges. Further certain areas may be required to be kept free of hawkers for security reasons. However outside places of worship hawkers can be permitted to sell items required by the devotees for offering to the deity or for placing in the place of worship e.g. flowers, sandalwood, candles, agarbattis, coconuts etc.  

Proposed Modification in condition No 3 

i]      As the Goods sold by the hawkers are the common man goods purchase by the Middle and lower income groups mostly traveling on foot or by train, the office going people especially women, find it easier and less time consuming to buy from these vendors on their way home from a busy day at their work places followed by a grueling journey back in crowded train, therefore a uniform restricted area of 50 Mts. Which is more then 150 fts. Shall be kept free from hawkers as restricted/prohibited area uniformly in all restricted place.  

ii]     In the places of worship Hawkers selling offering to the deity are allowed within the restricted area, likewise in the prohibited area vendors of required items may be allowed i.e. In the restricted area of Hospitals vendors selling Coconut water, fruit, fruit juice etc items needs in hospitals may be allowed.   

iii]        Markets remain close once a week as per BMC rules and Educational institutes remain close on Sunday and holidays, vacations and after 6.00 P.M. therefore Vendors may be consider during these periods and timings in the concern restricted area.   

d]        Condition No (11) Not more than one member of a family must be given a license to hawk. For this purpose BMC will have to computerize its records. 

Proposed Modification in condition No 11 

It is submitted that we have joint Family system or Hindu undivided Family in India consisting of Grandfather. Grandmother, Father, Mother, brothers, Sisters, Uncles, Aunty, and cousins, therefore even in joint family each small family consisting of father, mother, brothers and sisters may be consider as a separate family for allotment of space and License. 

e]        Proposed Addition in the Scheme 

This Hon’ble Court may be please to add in the Scheme that Preferences for Allotment of space and issue of License should be given to the present existing Hawkers covered under any authorized Hawkers Survey or any other proof of acceptable Hawking business of past, therefore the approach will be such that the existing Street Vendors/Hawkers are accommodated, more particularly can be said as rehabilitations to earn their livelihood, instead of inviting applications from the general public, thereby increasing the number of hawkers.  

f]        Proposed Addition in the Scheme  

This Hon’ble Court may be please to add in the scheme that under no circumstances allotment of space be made on the basis of Caste, Creed, Religions or domicile of State/City by the Municipal Commissioner and the Constitution of India shall be fully respected.    

7       That the Applicant has requested The Mumbai Municipal Commissioner to proposed the said required alteration to The Three Members Committee for consideration in according to the order of this Hon’ble Court dt. 9-12-2005, under the Restriction & Condition No 14 of scheme and a copy was submitted to all the Three Members Committee and Law officer MCGM on 5-9-2005. The applicant state that only Three Members Committee [Western Suburbs] heard their suggestions and was please to pass order dt.19-9-2005 which advise the Applicant to approach This Hon’ble Court for such relief.    [ANNEXURE COLLY ‘E’]   

8       The Applicant members have borrowed from ICICI Bank under Micro-finance in order to earn their livelihood, presently they are under debts and repayments are in progress from their business on foothpath. The applicant had filed undertaking in this Hon’ble Court to abide by the Scheme and co-operated with The Mumbai Municipal Corporation in implementing the same and therefore the Applicant members are eligible for allotment of space and license under the order and direction of This Hon’ble Court, the Applicant state that they be allow to earn their livelihood till the allotment of space as they have undertaken to abide by the scheme and order of this Hon’ble Court. 

It is therefore, most respectfully prayed that this Hon’ble Court may be please to: 

PRAYER 

a]      Grant the application for intervention and allow the applicant to intervene in the above mentioned Civil Appeal, and 

b]        Consider modification in the scheme as in Para 6 [a to d] , and 

c]        Consider additions to the Scheme as in Para 6 [e & f],  and  

d]      Allow the Members of Lok Seva Kendra to carry on business till allotment is made in view of their undertaking to abide by the scheme & order of this Hon’ble Court and repayments of ICICI Bank Loan and to earn their livelihood.  

e]      Pass any other or further order/s this Hon’ble Court may deem fit and proper. 

AND FOR THIS ACT OF KINDNESS THE APPLICANT SHALL AS DUTY BOUND PRAY. 

         Shaikh Pervez                              Adv.M.M.Kashyap.  
          President                                   Advocate for Applicant.