HC pulls up BMC, police over illegal hawker menace near Goregaon station

The directions came on a petition filed by Goregaon Merchants Association, a non-profit trust with 1200 shopkeepers as members, seeking directions for the authorities to enforce existing laws designed to regulate street vending and to ensure that public pathways remain accessible and safe for commuters

MUMBAI: The Bombay High Court on Wednesday pulled up the Brihanmumbai Municipal Corporation (BMC) and the Mumbai Police over the continued presence of illegal hawkers in Goregaon, directing the civic body to file an affidavit detailing its action plan to clear encroachments.

Bombay High Court (Anshuman Poyrekar/HT PHOTO)

The directions came on a petition filed by Goregaon Merchants Association, a non-profit trust with 1200 shopkeepers as members, seeking directions for the authorities to enforce existing laws designed to regulate street vending and to ensure that public pathways remain accessible and safe for commuters. Additionally, it also highlighted the “prevailing lawlessness and rampant hooliganism, particularly outside the Goregaon West railway station and adjoining areas, including the Aarey road junction”.

During the hearing on Wednesday, a division bench of justices Ajey Gadkari and Kamal Khata questioned the authorities on their failure to implement hawking regulations despite its earlier directions. “What is the problem? Why are you not able to do what you’re supposed to do despite our earlier directions,” the bench asked BMC.

The petition, filed in April last year, claimed the situation has worsened since April 2020, with hawkers operating without fear. Several complaints were filed by the association, after which, the BMC, in September 2020, deployed enforcement personnel and started imposing heavy fines on all illegal hawkers.

Subsequently, the illegal hawkers started intimidating the members of the association, which often led to physical altercation, issuance of threats, and harassment by a large group of illegal hawkers.

During one such incident, the hawkers allegedly attacked the association’s secretary, pelted stones at him and his car. Subsequently, the hawkers encroached upon the front gate of several shops, forcefully entered the stores and attacked the shop owners and their staff between January and April 2025.

“The unchecked growth of illegal hawking in Goregaon West has also had a negative impact on local businesses. Shop owners are now facing unfair competition from these unauthorised vendors, who not only occupy public spaces but often sell goods at lower prices due to the lack of overheads”, the petition said, while seeking court’s direction to the authorities to implement proper regulations under the Street Vendors Act.

However, the police submitted that the dispute is a result of “cases and counter-cases” between the involved parties. The police identified and arrested some accused and also cleared encroachments with the BMC’s help. “The police’s role is comparatively limited but we continue to assist the BMC in clearing encroachments. The action is being taken not just in suburban areas but across the city”, they said.

On the other hand, advocates Bahraiz Irani and Anosh Irani, appearing for the association, said that the hawkers have covered the Goregaon Railway Station and have been harassing the bystanders. Stating that no action has been taken against the accused, he highlighted that “pelting stones and breaking windows of cars wasn’t a serious enough offence for the police”.

Expressing dissatisfaction over the continued influx of hawkers in non-hawking zones, the court asked the police, “Why don’t you detain them? How many times will you keep asking them to move?”

Subsequently, the court directed the BMC to file its comprehensive reply over the issue and clarified that no “routine excuses” will be accepted at the next hearing. Addressing the police, the bench remarked, “You are the officers of the law. You are the protectors”, and posted the matter for next hearing on April 21.