THE SUPREME COURT OF INDIA
198-199 OF 2005
APPEAL Nos 4156-4157 / 2002
THE MATTER OF MAHARASHTRA EKTA HAWKERS UNION & ANR.
CORPORATION OF GREATER MUMBAI & ORS ..RESPONDENTS
THE MATTER OF:
STREET VENDORS LOK SEVA KENDRA
No: 2188/2005 G.B.B.S.D.
House. Near Noor Masjid. Gavdevi Dongri
Andheri [West] Mumbai 400058.
APPLICATION FOR IMPLEADMENT / INTERVENTION ON BEHALF OF APPLICANT.
HON’BLE CHIEF JUSTICE OF INDIA
HIS COMPANION JUSTICE OF SUPREME COURT OF INDIA.
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
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[g] of the
Constitution but subject to reasonable restrictions under Article
19, 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
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.
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.
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.
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:
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
Modification in Restriction/Condition No 1
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.
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
Modification in condition No 2
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.
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.
Modification in condition No 3
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.
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.
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.
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.
Modification in condition No 11
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.
Proposed Addition in the Scheme
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.
Proposed Addition in the Scheme
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.
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’]
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.
is therefore, most respectfully prayed that this Hon’ble Court
may be please to:
Grant the application for intervention and allow the applicant
to intervene in the above mentioned Civil Appeal, and
Consider modification in the scheme as in Para 6 [a to
d] , and
Consider additions to the Scheme as in Para 6 [e &
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.
Pass any other or further order/s this Hon’ble Court may
deem fit and proper.
FOR THIS ACT OF KINDNESS THE APPLICANT SHALL AS DUTY BOUND PRAY.