HC labels Mumbai’s hawker menace a ‘disease’, orders BMC to clear Vikhroli encroachments

The bench also directed the Brihanmumbai Municipal Corporation (BMC) to compel the hawkers to vacate the spots, strictly following the procedure laid down by law.

MUMBAI: The Bombay High Court has delivered a scathing assessment of the rampant illegal hawking across Mumbai, likening the issue to a “disease” that is spreading.

HC labels Mumbai’s hawker menace a ‘disease’, orders BMC to clear Vikhroli encroachments

While hearing a plea filed by Vikhroli residents against encroachments in designated non-hawking zones, a division bench of justices Ravindra Ghuge and Ashwin Bhobe said, “We find that the problem of hawkers and tin sheds occupying practically every footpath and street in Mumbai has assumed the character of a disease. Such a situation is spreading in all directions in Mumbai.”

The bench also directed the Brihanmumbai Municipal Corporation (BMC) to compel the hawkers to vacate the spots, strictly following the procedure laid down by law.

The court’s order stems from a petition filed in May by Avinash Sunil Wavle and Hitesh Pramod More, residents of Tagore Nagar in Vikhroli East, highlighting the issue of illegal hawkers and tin sheds occupying the streets. The petitioners stated that the area, a redevelopment hub with a population exceeding 1.3 million, has become a hub for squatter stalls and illegal structures on footpaths and above covered drains.

The petition, filed through advocates Hemant Kenjalkar and Minal Kamble, stated that Ram Hazare Marg in Tagore Nagar, which is a market area, serves as the gateway to the Vikhroli Railway Station. Since it is frequented by thousands of commuters daily, the 18.30-metre-wide road has become a hub for around 20-22 squatter stalls and illegal structures. This blockade has severely congested the route and compromised the safety of pedestrians, including those accessing a nearby hospital and school, the petition added.

The petitioners claimed that their complaints have gone unheeded for years. In December 2023, one of the aggrieved citizens, Abhishek Prakash Torane, had approached the then deputy speaker of the Maharashtra Assembly, Narhari Zirwal, the petition said. Zirwal took cognisance of the matter and directed the assistant municipal commissioner of the ward to take appropriate action. However, the authorities allegedly failed to take action.

Further complaints seeking licence verification and appropriate action against the squatter stalls were filed between January 2024 and April 2025. Despite directions from senior officials, including the additional deputy municipal commissioner, the BMC took no substantial action, the petition states.

Several complaints were made to the authorities between January 2024 and April 2025 as well, seeking verification of the licences of the squatter stalls and requesting appropriate action against them. Despite directions from the senior officials, including the additional deputy municipal commissioner, the BMC failed to take any action, the petition said.

Advocate Kenjalkar told HT that the BMC is obliged to serve the public and their interest. “It is their mandatory duty to protect the public from nuisance harm and inconvenience. Public safety and overriding public interest demands that encroachment on footpaths should be removed because these are meant for pedestrians to walk. The illegal squatter stalls operators and the hawkers on footpaths cannot dictate to the general public to walk on the road, while risking their safety. The stalls are operating on the footpath for the last 20 years, thereby causing hindrance to the public and their movements.”

Kenjalkar added that despite sending several emails to the BMC regarding the illegal stall squatters, the issue has been overlooked for years.

The petition also highlighted public health and safety concerns. It claimed that stall operators are using gas cylinders and stoves near the footpath, and food items are being prepared in the open without any precautions for cleanliness, thereby posing a risk of burn injuries to pedestrians.

The petitioners argued that public safety and public good must always override any private right to carry on business on a busy public street. They added that the BMC’s inaction, “with no concern for public nuisance and safety, highlights their failure in carrying their obligatory and mandatory duties.”

Bhagyesh Dongre, a local resident, said that the congested Ram Hazare Marg is used by over 150,000 people daily. “The stalls have put sitting arrangements in front of the footpaths, which further adds to the congestion. The situation is so bad that if an ambulance is to pass by, it will either meet with an accident or get stuck in traffic,” he said.

Dongre also highlighted that ever since the high court ordered the removal of these 20 stalls on November 7, the BMC has issued notices to only four stall owners, and no action has been taken yet. “Everything is still running smoothly for the stall owners. The authorities are still relaxing. They are not even scared of the high court now, which is the nyaya devata (god of law) for us,” he said.

When reached for comment, Shobha Rokade, senior inspector at the BMC’s licence department, said that the issue does not fall under her department’s jurisdiction, which deals with encroachment. Rather, she said, the squatter stall issues should be dealt with by the maintenance department.