In an order which could have significant ramifications, the Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to conduct a comprehensive verification of all persons engaged in hawking activities across Mumbai including those alleged to be foreign nationals or illegal immigrants. [Maharashtra Ekta Hawkers Union v. State of Maharashtra & Ors]

A division bench of Justices Ajay S Gadkari and Kamal R Khata instructed the civic body and the city police to identify and take appropriate legal action against those found to be illegal immigrants. 

The order was passed today in a clutch of petitions raising concerns over the unauthorised hawkers operating within the city.

A detailed copy of the judgment is yet to be uploaded. 

The Court directed BMC to undertake a comprehensive inspection and scrutiny of all stalls in the city temporary and permanent irrespective of whether they obstruct pedestrians or vehicular movement within the city. 

“The BMC and police shall immediately undertake a thorough verification of the identity of all persons, including those alleged to be Bangladeshis or non-Indian residents, nationals, who operate stalls or carry on vending or hawking activities or work as assistants or helpers of such stallholders, vendors or hawkers. In the event any person is found to be an illegal immigrant, appropriate action shall be taken in accordance with law, including steps for repatriation by the competent authorities,” the Court said.

The Court cautioned that if the required actions are not taken the officers responsible will face personal liability. It also took note that foreign nationals have infiltrated and are causing problems even for local hawkers.

When a counsel sought a stay to challenge the order before the Supreme Court, the bench declined, observing that continuous litigation had already delayed implementation of the Street Vendors Act for seven years.