LexMAHARASHTRA EKTA HAWKERS UNION AND ANOTHER versus MUNICIPAL CORPORATION, GREATER MUMBAI AND OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B c D [2013] 9 S.C.R. 742 MAHARASHTRA EKTA HAWKERS UNION AND ANOTHER v. MUNICIPAL CORPORATION, GREATER MUMBAI AND OTHERS (Civil Appeal Nos. 4156-4157 of 2002 etc.) AND l.A.Nos.266-285, 288-289, 294-299, 304-309, 312-321 & 324-335 SEPTEMBER 9, 2013. [G.S. SINGHVI AND V. GOPALA GOWDA JJ.] HAWKER MATTERS: 'Hawker' - Connotation of - Explained. Street vendors - Held: -- Till an appropriate legislation is enacted by Parliament or any other competent legislature, and is brought into force, the salient provisions of National Policy on Urban Street Vendors, 2009, as enumerated in the Order, should be implemented throughout the country - Further E directions issued for facilitating implementation of the 2009 Policy - As regards the order of Supreme Court staying the hearing of writ petitions pending before High Courts and directing to obtain any clarification/modification from the Court, the parties, whose applications have remained pending F before Supreme Court, shall be free to institute appropriate proceedings including petition under Art. 226 of the Constitution, in the jurisdictional High Court. Bombay Hawkers' Union vs. Bombay Municipal Corporation 1985 (1) Suppl. SCR 849 = (1985) 3 SCC 528, G Sodan Singh vs. New Delhi Municipal Committee 1989 (3) SCR 1038 = (1989) 4 SCC 155, Maharashtra Ekta Hawkers Union vs. Municipal Corporation, Greater Mumbai 2003 (6) Suppl. SCR 581 = (2004) 1 SCC 625, Maharashtra Ekta Hawkers Union vs. Municipal Corporation, Greater Mumbai 2007 (2) SCR 448 = (2009) 17 SCC 151, Maharashtra Ekta H 742 MAHARASHTRA EKTA HAWKERS UNION v. MUNICIPAL 7 43 CORPORATION, GREATER MUMBAI Hawkers Union vs. Municipal Corporation, Greater Mumbai A (2009) 17 SCC 231; Saghir Ahmad vs. State of U.P. 1955 SCR 707 = AIR 1954 SC 728 - referred to. Case Law Reference: 1985 (1) Suppl. SCR 849 referred to Para 5 B 1989 (3) SCR 1038 referred to Para 5 2003 (6) Suppl. SCR 581 referred to Para 5 2007 (2) SCR 448 referred to Para 5 (2009) 11 sec 231 referred to Para 5 1955 SCR 707 referred to Para 6 c CIVIL APPEAL JURISDICTION: Civil Appeal Nos. 4156- 4157 of ·2002. From the Judgment and Order dated 05.07.2000 and 02.08.2000 of the High Court of Judicature at Bombay, in Writ D Petition No. 621 of 1999. WITH C. A. Nos. 4161-4162 of 2002. C. A. Nos. 4175-4176 of 2002. I.A. No. 266-285, 288-289, 294-299, 304-309, 3112-321 & 324-335. h C. A. Nos. 4156-4157 of 2002. l.A.Nos.7-8 in Civil Appeal Nos. 4161-4162 of 2002. E F I.A. Nos. 16-17 in Civil Appeal Nos. 4175-4176 of 2002. G.E. Vahanvati, AG, Brijender Chahar, Shyam Divan, G Pallav Shishodia, Anand Grover, Sushil Kumar Jain, Puneet Jain, Ram Singh, Anjani Aiyagari, T.A. Khan, Harish Kaushik, Madhvi Divan, D. Bharat Kumar, J.J. Xavier, Bhargava V. Desai, Shreyas Mehrotra, Mihir Samson, Suraj Sanad, Prashant Bhushan, Ramesh K. Mishra, Sunita Sharma, Satya H 744 SUPREME COURT REPORTS [2013) 9 S.C.R. A Siddiqui, Shivaji M. Jadhav, Prity Kunwar, Ajay Marwah for the appearing parties. The Order of the Court was delivered by G.S. SINGHVI, J. 1. A street vendor I hawker is a person B who offers goods for sale to the public at large without having a permanent structure I place for his activities. Some street vendors I hawkers are stationary in the sense that they occupy space on the pavements or other public I private places while others are mobile in the sense that they move from place to C place carrying their wares on push carts or in baskets on their heads. 2. In last four decades, there has been manifold in.crease in the number of street vendors I hawkers in all major cities in the country. One of the many factors responsible for this D phenomena is unabated growth of population without corresponding increase in employment opportunities. The other factor is the migration of rural population to the urban areas. A large section of the rural population has been forced to leave their habitat because of massive acquisition of land and E substantial reduction in the number of cottage industries, which offered source of livelihood to many people in the rural areas and even those living i.n the peripheries of the urban areas. In recent past, many lakh youngsters have moved from the rural areas to the cities with the hope of getting permanent source F of livelihood but a substantial number of them have become street vendors I hawkers because their expectations have bee
Excerpt shown. Read the full judgment & AI analysis in Lexace.