Verify All Hawkers, act against Illegal Immigrants or face Personal Liability: HC warns BMC

Today, the Bombay High Court ordered the Brihanmumbai Municipal Corporation (BMC) and Mumbai Police to carry out a comprehensive verification of all hawkers and their associates, including suspected foreign nationals. The Court warned that failure to act against illegal immigrants would invite personal liability for officials, signalling a strict push for enforcement amid concerns over unauthorised street vending in Mumbai.

The case arose from a batch of petitions highlighting the proliferation of unauthorised hawkers across the city and the alleged involvement of foreign nationals in such activities. Concerns were raised about the lack of proper identity verification and the resulting impact on lawful vendors and public spaces. During the hearing, the Court was informed that prolonged litigation had already stalled effective implementation of the street vending regulatory framework. Attempts were made to seek interim protection to challenge the directions before the Supreme Court, but the Bench declined to grant any stay, noting the urgency of the issue.

The Division Bench of Justice Ajay S Gadkari and Justice Kamal R Khata issued firm directions for immediate action. It mandated authorities to “undertake a thorough verification of the identity of all persons… who operate stalls or carry on vending or hawking activities,” and clarified that any illegal immigrant must face action in accordance with law, including repatriation. Stressing accountability, the Court cautioned that inaction would not be tolerated and could result in personal consequences for responsible officers.

Consequently, the civic body and police were directed to inspect all hawking units, temporary or permanent, and initiate appropriate legal steps without delay.

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