Colaba hawkers case: Residents file intervention plea in HC

Colaba residents filed a plea in Bombay HC to address hawkers' impact on public spaces, citing safety, cleanliness, and legal violations.

Mumbai: Residents of Colaba on Thursday submitted an intervention plea in the Bombay high court, seeking to be added as a party in an ongoing writ petition involving the Colaba Causeway Tourism Hawkers Stall Union (CCTHSU). The plea, filed by the Clean Heritage Colaba Residents’ Association (CHCRA), emphasised that the outcome of the case would significantly impact the area’s residents.

Mumbai, India - Feb. 6, 2025: Hawkers at Colaba Causway, in Mumbai, India, on Thursday, February 6, 2025. (Photo by Anshuman Poyrekar/ Hindustan Times) (Hindustan Times)

HT had reported on February 7 about the CHCRA’s intention to file an intervention plea after the Supreme Court suspended the hawkers’ eviction by the Brihanmumbai Municipal Corporation (BMC).

The stay order on the eviction was granted on January 27 after the Colaba Causeway Tourism Hawkers Stall Union approached the Supreme Court challenging the high court’s decision in December to dismiss its writ petition seeking protection from eviction until the Street Vendors Act, 2014, is implemented.

On March 3, the Supreme Court had remanded the case back to the high court, instructing it to resolve the matter. It also extended the stay order on the hawkers’ presence on Colaba Causeway for another three months.

The Colaba residents’ intervention plea filed on Thursday stated that illegal hawking activities are undermining their fundamental right to a clean and safe environment guaranteed under Article 21 of the Constitution. They argued that while the Street Vendors Act, 2014, protects the livelihood of hawkers, it should not override the rights of citizens to freely use public spaces.

The residents have argued that the claims of 253 hawkers who approached the court are not bonafide, as only 79 of them were considered eligible under a 2014 survey conducted by the BMC. Many of these hawkers are operating in “No Hawking Zones” where street vending should be prohibited under the Street Vendors Act, the plea claimed.

The plea also highlighted several unlawful practices, including hawkers subletting stalls, using fake licences, and affixing permanent structures on pavements. This obstructs pedestrian movement and violates the law, which allows only temporary stalls to be erected, it said.

The residents also pointed out that hawkers operate well beyond permitted hours and violate zoning regulations by selling goods near religious places, schools, and government buildings. Additionally, food vendors lack proper hygiene standards and licences, leading to the risk of foodborne illnesses.

Constant encroachment on pavements has made it impossible for pedestrians to use public walkways, forcing them to walk on busy streets and thereby putting them at risk of accidents, the plea said. Street vending activities are also causing severe traffic congestion and obstructing parking spaces, the plea added.

The residents said they have raised multiple complaints with authorities regarding the hawker menace but the situation has only worsened. They contended that the failure to implement the Street Vendors Act has effectively led to unchecked encroachment that disrupts daily life.

The residents urged the court to prioritise the public’s right to access clean, safe, and unobstructed public spaces and to declare that hawking cannot be allowed where it poses a threat to public welfare.

Advocate Prerak Choudhary, representing CHCRA said, “Today, citizens of Colaba don’t have an unobstructed footpath to walk upon. Pavements are to walk, not to hawk. We are confident there will be a time when our pavements will be clear. Let’s hope that the best happens in public interest.”

The case is scheduled to be heard on Friday.