The Bombay High Court said that if streets and footpaths can be cleared for the prime minister and other VVIPs for one day, why the same cannot be ensured routinely for the general public as well. A division bench of Justices M S Sonak and Kamal Khata affirmed that having a clear footpath and a safe place to walk is a fundamental right for every individual, and state authorities have a duty to ensure its provision.
The bench said that the state cannot indefinitely ponder over how to address the issue of unauthorized hawkers encroaching upon city footpaths and must now take decisive action," the court stated.
Last year, the high court initiated suo motu proceedings to address the problem of illegal and unauthorized hawkers and vendors in the city. The bench remarked on Monday that while it acknowledges the magnitude of the problem, the state and other authorities, including the civic body, cannot simply accept the status quo. They urged for significant and immediate action to be taken.
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"When the prime minister or some VVIPs come, the streets and footpaths are immediately cleared...and it stays so till they are here. How is it done then? Why can't it be done for everyone else? Citizens are ratepayers...they need to have a clear footpath and safe place to walk," the court said.
"Footpath and a safe place to walk is a fundamental right. We tell our children to walk on footpaths but if there is no footpath left to walk on, what do we tell our children?" the court asked. For years together, the authorities have been saying they are working on the issue, it said. "The state has to do something drastically. It cannot be that the authorities are perpetually just wondering what to do and working on it. There seems to be a lack of will, because where there is a will there is always a way," the HC said.
The court recommended that the BMC establish a comprehensive database to identify all hawkers, ensuring they comply with orders and do not return with their stalls. "Conduct a systematic combing operation, starting with one street the main challenge lies in identification. They return because they remain unidentifiable," the court said.