S.

No.

S.C Order

3 member committee remarks / observations / reco

Suggestion / Response

Remarks / explanation

1

There should be no hawking within 100 meters from any place of worship. 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.;

- committee found 50 additional holy shrines (as compared to list submitted on 21-10-05 ) totalling to 145.

- Special hawkers licence be issued for hawking outside holy places – Wardwise – with a cap of 5 licences per holy shrine

- suggests a package of licences for hawkers

Total 145 X 5 = 725 hawkers permitted

- Applicable only for registered holy shrines, and those that are not encroached / illegal.

- The holy shrine / place must be in agreement of such a recommendation, and if agreeable, must accommodate the 5 hawkers within their premises and off the street / footpath.

- To check these 50 additional shrines

- what do they mean by package?

- what about very tiny shrines that have no place to accommodate the hawkers?

2

Declared hawking zones and pitches

- 56 roads and 3013 pitches

- arrangements will have to be made for drinking water and washing facilities and ladies and gents toliets

- separate toilets need not be constructed specifically for hawkers and hawking zones. On a case wise basis, where none are available, they can be provided.

- some of the roads  where pitches have been suggested – are portions / sections  of the road – to specify regulating mechanism to ensure that other parts do not get filled up with hawkers too – eg. Hill Road , Bandra and JP road, Manish Nagar.

- To also assess whether declared hawking zones and pitches reflect the needs of that area in terms of population density, available municipal markets. etc.

- washing facilities for what? cooking is not permitted – all other goods don’t need to be washed. Toilets where available have washing facilities, so ?

3

Hawkers plaza

It will be open for the BMC to set up hawking plazas. However when BMC sets up a hawking plaza the allotment of 1 Mt. x 1 Mt. pitches in those hawking plazas must be made on the above terms and conditions including no fixed site, timing from 7 a.m. to 10 p.m. etc. and only by issuing advertisements in three local newspapers, one in Marathi, one in Hindi and one in English. Out of the applications received the allotment must be by draw of lots by the Chairman of the Committee. Even in hawking plazas the licence should to exceed one year.

1) LT road, Borivali west

found to be suitable – reserved as market plot and partly used by fisherwomen – can accommodate 500 pitches

2) Navrang garden, Andheri west : is technically permissible by law, if given to private developer with incentives to offset cost

3) Sainath Road, Malad west: a garden plot – found unsuitable – low lying and prone to floods

4) Andheri palika bazaar, Andheri west – revised scheme accommodates 266 pitches found acceptable – some pending court decision

- take up any one at andheri west – else a lot of concentration of hawkers in what is already one of the largest and densest wards, and both locations are close to the railway station – which is congested.

- the low-lying Malad plot can be filled and raised, if found suitable on other counts.

- as an experimental basis, one hawker plaza in city, western and eastern suburbs could be taken up, rather than 3 in western suburbs, and none in the eastern.

- What about the dadar one?

- What is the size of the pitches in the andheri palika bazaar scheme – same 1m X 1m?

4

Mongibai road, vile parle east – no hawking pitches permitted – near railway station and congested area

Agreed

5

It is expected that citizens shall bring to the notice of the concerned ward officer the presence of a hawker in a non-hawking zone/area. The concerned ward officer shall take immediate steps to remove such a hawker. In case the ward officer takes no action a written complaint may be filed by the citizen/shopkeeper to the Committee. The Committee shall look into the complaint and if found correct the Committee will with the help of police remove the hawker. The officer in charge of the concerned police station is directed to give prompt and immediate assistance to the Committee. In the event of the Committee finding the complaint to be correct it shall so record. On the Committee so recording an adverse remark re failure to perform his duty will be entered in the confidential record of the concerned ward officer. If more than three such entries are found in the record of an officer it would be a ground for withholding promotion. It more than 6 such entries are found in the records of an officer it shall be a ground for termination of service

1)Not the Ward Officer, but the In-charge police station / police man on duty should be held liable for non-removal of hawkers from non-hawking zones / areas.

2) hawking in non-hawking zones to be made a cognizable and non-bailable offence.

[Hawkers Unions leaders are taking law into their own hands, and acting in contempt of court regarding cooking for example/

Ward officers have cleared areas of hawkers and handed over to police.

Police unable to remove the hawkers due to staff shortage and other constraints.

(3 examples given of hawkers unions obstructing BMC and Police)]

- if hawkers do not follow the rules as laid out, the individual hawkers as well as the hawkers unions will be held responsible . (how? Fine? Revoke licence?)

-

What doe the police have to say to this reco?

6

Decisions left to the supreme court:

a) those who have been hawkers for last 20 years to get larger pitch size of 6’X4’, and reservation in allotment

Allotment of approved pitches to only those hawkers who have submitted list on affidavit to the Supreme Court

b) to reduce the distance in prohibited areas from 100 m to 50 m

c) while allotting pitches, categorize hawkers into those doing business between 1986 – 2000 and those after 2000?

d) whether all the rest get roving licences as per Sodhan Singh case that permits roving with goods on head or cycles?

e) To restrict further increase in numbers of hawkers, have a cut off date

progress report of 20^th Jan 2006 says: the SC to decide as a preliminary issue if existing stallholders having large sized stalls and permanent structures could be legally tolerated – they are in prime locations

a) size of permitted pitch should be same for all

Hawkers with documented proof of 20 years work in an area, or included in the list submitted to SC – once verified these can be used as eligibility criteria to restrict anybody from applying

b) No reducing of distances

c) categories should be based on types of goods permitted and then on eligibility criteria – thereafter lottery system – no quota and reservation

d) There should be a wardwise restriction on roving licences also (similar to restriction on pitches – related to carrying capacity of an area)

Same rules should apply for all hawkers.

- This means that those prior to 1986, ie the licensed hawkers are excluded?

-  what happens to fashion street hawkers ?

7

Appropriate criteria to assess whether declared hawking zones are suitable:

Width of pavement and traffic restrictions to ensure safety of pedestrians

- should the traffic police be responding to this?

Typical road widths and street market stall dimensions. Source: Tutt, P. and Adler, D. (1979). New metric handbook. The Architectural Press Ltd., London, England.:With street markets and where there are very high traffic densities, such as in the centre of major cities, the segregation is often more effectively achieved by widening the sidewalk (an absolute minimum of 4 metres) parallel to main roads. The edge nearest the road (i.e. the kerb-side) would contain the more intensive activities such as hawkers and street stalls. The preferred clear width of the sidewalk should be 5.2 metres, which allows 2.5 metres for general circulation on the sidewalk, 1.2 metres in front of the stalls for customers and 1.5 metres for the stall itself (assuming that the seller does not stand behind the stall - in which case a further 1.2 metres is needed. Where paths and roads cross it is conventional practice to provide some form of crossing where the pedestrians can have priority. The zebra or pelican crossings, where pedestrians have right-of-way over vehicles, are typical examples. A more effective method at markets might be to provide a physical interruption in the road so that vehicles are forced to slow down. The surface itself might be altered, a speed-hump ("sleeping policeman") provided or, most effectively, the road width section might be reduced for through-traffic and the pedestrian pavement surface might continue at its normal level across the road (say 150 to 300 mm above the road surface), with the road ramped-up on either side (with a maximum slope on the ramps of 17 per cent).

8

How to delineate the pitch

Pitch markings
For street markets the area allocated to the traders, usually termed a "pitch", should be clearly delineated. A typical example from a street market improvement programme in London is shown in Figure 65. There are a number of methods for defining pitches including: conventional roadline painting techniques; using a different material (e.g. defining the pitch using a concrete strip or a different colour of brick or stone); or using white thermoplastic paint baked onto bricks. The most important consideration is that the paint or other method of defining the pitch should not be worn-off with normal foot traffic.

The sizes of the pitches should be based on the experience of stallholders' needs. It will also be important to distinguish each pitch by numbering. Again, a technique of painting the pitch number on the paving is the simplest method. Pitches can also be numbered by using pre-numbered, pre-cast concrete or bronze plates set into the street surface or by numbering a post or bollard adjacent to each pitch.