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1
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All
unauthorized hawkers and hawkers other than the licensed
hawkers must now be, in a phase-wise manner, removed from
non-hawking zones
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15000
original are exempt?
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2
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A
complaint is made that hawkers are not cooperating and not
abiding by the decision of this Court. The Scheme has been
framed keeping in mind the rights and needs of hawkers and
balancing that with the rights of the public. It is clear that
any person/hawker who chooses not to abide by the Scheme
framed dis-entitles himself from being considered. If any
hawker resists removal by physically obstructing, the Bombay
Municipal Corporation to get the name and identity of that
hawker and that hawker not to be allowed any space in future.
Before this Court a number of Associations are appearing and
are seeking to intervene. Each such Association shall file in
this Court, and also give to the Bombay Municipal Corporation,
a list of all its members with the address of each member. The
Association and each such member shall file an undertaking
before this Court that they will cooperate with the Bombay
Municipal Corporation in the implementation of the Scheme. Any
Association or member who does not file list/undertaking not
to be considered for allotment of space.
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1.
Those who break the rule/ obstruct removal / resist – will
have licences revoked.
2.
Each association present in the court to submit list of
hawkers to Court – only these names will be permitted – on
the condition that they follow the rules laid down.
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3
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We
have heard parties at great length as to whether our Order
dated
9th December, 2003
covered the licensed hawkers. There can be no doubt that our
Order dated
9th December, 2003
also covered the licensed hawkers. Our Order dated
9th December, 2003
refers to licensed hawkers at a number of places. We have also
noticed the provision made by the Bombay High Court, in the
Scheme framed by it, for licenced hawkers. The Scheme framed
by us supercedes the Scheme framed by the Bombay High Court
except to the extent it is upheld in our Order. The final
Scheme framed by that Order does not contain any separate
provision for licensed hawkers. This Court chose not to
continue those provisions when it framed the Scheme. Our Order
dated
9th December, 2003
categorically states as follows:
"The scheme framed by us will have a binding effect on
all concerned. Thus apart from those to whom licenses will now
be issued, no other person/body will have any right to squat
or carry on any hawking or other business on the
roads/streets. We direct that BMC shall bring this Judgment to
the notice of all Courts in which matters are now pending. We
are quite sure that the concerned Court/s shall then suitably
vacate/modify its injunction/stay order."
The
question whether the licensed hawkers who have been operating
for a long period of time must also stand in line with the
others is for the present left open.
The
Committees are directed to decide, on a priority basis,
whether the licensed hawkers who are in non-hawking zones can
on a provisional basis and until further Orders be allowed to
continue in those Zones. If the Committees find that in a
particular non-hawking zone the licensed hawkers cannot be
allowed to continue they will, for the present, be shifted
into a hawking zone. Clarified that this arrangement is
provisional and will not create any right in the licensed
hawkers. The BMC to continue to accept the license fees from
the licensed hawkers with a note that the same will not in any
manner confer any right, title or interest in favour of the
hawkers as the same is subject to final Orders of this Court.
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15000
Licensed hawkers to also stand in line? confused
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4
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permitting
handicapped persons who have been granted license for running
the PCOs/Aarey/Sarita stalls to continue to run those stalls
even in non-hawking Zones. No further or new licenses to be
granted to any other person even a handicapped person in
non-hawking zones. We, however, clarify that a license to run
the PCO stalls would mean running a PCO stall. No other
activity can be carried out from the PCO stall. Similarly,
even in respect of other stalls, only the activity permitted
by the license can be carried on.
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