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  Home >> Hawkers >> Responses to SC order dated 30-7-2004


Responses to SC order dated 30-7-2004


SC Order

Response / Suggestion

Clarification / query



All unauthorized hawkers and hawkers other than the licensed hawkers must now be, in a phase-wise manner, removed from non-hawking zones

15000 original are exempt?




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.

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.





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.

15000 Licensed hawkers to also stand in line? confused




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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