The Times of Indian 03.12.2010
Apex court asks municipal chief to decide on hawkers
MUMBAI: The Supreme Court on Tuesday dissolved a three-member committee formed to decide on the issue of hawkers in the city. The panel comprised an ex-city civil judge, a senior BMC official and a traffic police nominee.
The apex court has now given the power to the municipal commissioner and he will appoint a senior officer to look into the matter, said Jamshed Mistry, an advocate representing various citizens’ groups.
The Mumbai Hawkers’ Association had in 1985 filed a petition in the Supreme Court challenging the implementation of hawking-zone guidelines.
In December 2003, the apex court had observed that hawking was not a fundamental right. It had held that the right to hawk was co-related to the pedestrians’ right to pavement. In 2007, the SC had permitted 23,000 hawkers to sell their wares on the city’s footpaths till the Maharashtra government framed a policy on the lines of the National Policy for Urban Street Vendors.
The state government informed the court that the issue would be taken up for discussion during the winter session of the Maharashtra legislative assembly which begins in Nagpur on Wednesday. The court has now asked the state to submit its Action Taken Report (ATR). The government has to file an affidavit in court within eight weeks, when the case will come up for hearing.
The apex court has now given the power to the municipal commissioner and he will appoint a senior officer to look into the matter, said Jamshed Mistry, an advocate representing various citizens’ groups.
The Mumbai Hawkers’ Association had in 1985 filed a petition in the Supreme Court challenging the implementation of hawking-zone guidelines.
In December 2003, the apex court had observed that hawking was not a fundamental right. It had held that the right to hawk was co-related to the pedestrians’ right to pavement. In 2007, the SC had permitted 23,000 hawkers to sell their wares on the city’s footpaths till the Maharashtra government framed a policy on the lines of the National Policy for Urban Street Vendors.
The state government informed the court that the issue would be taken up for discussion during the winter session of the Maharashtra legislative assembly which begins in Nagpur on Wednesday. The court has now asked the state to submit its Action Taken Report (ATR). The government has to file an affidavit in court within eight weeks, when the case will come up for hearing.
