Will decide on shifting after inspecting new market: Bhandup hawkers to Bombay HC

Licensed hawkers in Bhandup told the Bombay high court (HC) on Monday that they want to inspect the municipal market where the Brihanmumbai Municipal Corporation

Licensed hawkers in Bhandup told the Bombay high court (HC) on Monday that they want to inspect the municipal market where the Brihanmumbai Municipal Corporation (BMC) has asked them to shift, as they want to ascertain the civic body’s claims about the size of the pitches being offered to them. The court has asked them to give their final response by Friday.

HT Image

This comes after the court directed the hawkers to decide if they were willing to move to the new market voluntarily after the BMC served them notices and asked the hawkers to shift, as they were not only in close proximity to a religious place and school, but also within the buffer zone of a railway station. However, the hawkers refused to move and approached the court seeking a stay on the BMC notice.

A division bench of justices SC Dharmadhikari and Gautam Patel, while hearing the petition filed by the hawkers through senior advocate MP Vashi, was told the BMC had issued eviction notices to them, despite they being eligible to hawk their wares at the spot. Vashi said the BMC had selectively targeted the petitioners who occupied just 18 square feet of space, while vendors outside the religious place and school, who occupied a larger area, were spared.

The BMC, through senior advocate Anil Sakhare, told the HC that the hawkers were occupying the footpath and causing inconvenience to pedestrians. He said the road was an arterial road which went up to Bhandup railway station. As pedestrians were forced to walk on the road, it was causing inconvenience and vehicular traffic too. Hence, the BMC decided to relocate them to the municipal market, but they were reluctant to move.

In an affidavit filed last week, the BMC said it was offering 36 square feet of space to the hawkers in the municipal market. It said the objection of the petitioners about vendors outside the school and religious place was not valid, as they had proper shops and paid property tax.

The bench directed Vashi to explain the downside of pursuing the petition and not taking up the offer from the BMC, as they would forfeit the space in the market.