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EXPRESS NEWS SERVICE
MUMBAI, SEPT 22: The Bombay High Court today directed the Brihanmumbai Municipal Corporation (BMC) to declare the cut-off date prior to which hawkers will be accommodated in the proposed hawking zones.
The division bench of Chief Justice M B Shah and Justice Y S Jahagirdar issued the direction while hearing 16-odd petitions filed by citizens' groups (including Save Versova Beach Association, Lallubhai Park Area Residents' Association) against the formation of hawking zones in Mumbai. After the last hearing, the court had stayed the creation of such zones. The stay has now been extended. The matter will be next heard on October 6.
The BMC counsel, D Y Chandrachud, today informed the court that the civic corporation would soon issue a public notice inviting suggestions and objections to the formation of hawking zones. Moreover, necessary information and plan layouts regarding the proposed zones can be inspected by the public at their respective ward offices, he said adding that the plans will then befinalised by the municipal commissioner on or before November 10 after taking approval of the corporation.
The court today directed the BMC to file an affidavit explaining certain points. First, whether it will provide hawking facilities to all hawkers or will it accommodate only the licenced hawkers by setting a cut-off date. There are 15,000 licenced hawkers in Mumbai, and 1,50,000 unlicenced ones. Second, will it accommodate hawkers in residential areas, if so, will it be legal to allow commercial activity in residential areas.
Petitioners' counsels today argued that the civic corporation had constructed markets (like Lal Bahadur Shastri Marg market near Matunga railway station and Gandhi Market near King's Circle) for hawkers. However, despite such demarcation, the hawkers have connived with municipal officers and transferred their area of operation. They alleged that hawkers have taken large amounts in lieu of the allotted plots and pointed out that a hawkers' plaza is constructed at Dadar. Two moreplazas are being constructed at Chembur to accommodate vegetable vendors. Plots are also available at Andheri. Yet, hawkers continue to hawk on the roads, the petitioners contended.
Interestingly, flower marketeers prefer to sell on roads than in specified areas, the counsel added. Therefore, the court today directed the BMC to find out if allocation of such zones serves any purpose.
Petitioners also demanded that collection of unauthorised fees from the hawkers should be stopped as it encouraged them to continue to encroach upon the roads.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
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