MAHARASHTRA EKTA HAWKWERS UNION AND ANR. versus MUNICIPAL CORPORATION, GREATER MUMBAI AND ORS.

Citation: [2007] 2 S.C.R. 448 · Decided: 12-02-2007 · Supreme Court of India · Bench: H.K. SEMA · Disposal: Directions issued

Judgment (excerpt)

A 
MAHARASHTRA EKTA HA WKWERS UNION AND ANR. 
v. 
MUNICIPAL CORPORATION, GREATER MUMBAI AND ORS. 
FEBRUARY 12, 2007 
B 
(H.K. SEMA AND 8. SUDERSHAN REDDY, JJ.] 
Constitution of Jndia, 1950-Article 19(l)(g) 
Right to hawk on road side-Supreme Court ir. principle approving 
C roads as hawking zones but permitting Committee appointed by it to further 
consider whether hawking can be allowed on such roads-Committee 
reducing number of those roads and suggesting relaxation of conditions 
imposed by the Court on some roads-Correctness of-Held-In reducing 
number of roads, Committee exercised their powers in consonance with 
D direction.; issued by the Court and did not upset its approval-Directions in 
Maharashtra Ekta Hawkers Union v. Municipal Corporation Greater Mumbai, 
(2004) I SCC 625 clarified-Though hawking on roadsides fell within 
expression "occupation, trade or business" in Article 19 (1) (g) a/Constitution 
of India, 1950, reduction of some roads by Committee did not deprive hawkers 
their right to hawk since it was subject to reasonable restrictions under 
E Article 19(6) thereof-However, suggestion of Committee to relax condition 
of hawking zones on some roads not being within I 001150 mtrs from places 
of worship and educational institutes, rejected in view of consistent judicial 
opinion in that regard-Recommendation of committee that licensed hawkers 
already operating in hawking Zones be allowed to continue irrespective of 
F draw of lots for unlicensed hawkers accepted-Handicapped hawkers 
+ 
permitted to have stalls of 1 m. x 2m. as provided in their license, subject to 
f, -
verifications by Committee of their locomotor disability and need to take 
assistance of wheelchairs, crutches etc-Other aspects of report of Committees 
considered, and appropriate directions issued. 
G 
National Policy on Urban Street Vendors, 2004-Section IO./-
Regulations to be framed by Statelf,Held-They should be in consonance 
with aims and objects of the National Policy. to render some sort of succor 
to urban street vendors to eke out a living through hawking-Also, State 
Government shall frame them independently without being influenced by any 
H 
448 
+ 
MAHARASHTRA EKTA HAWKWERS l'r-;101' , .. \1UO:ICll'AL CORl'N. GREATER MUMBAI 
449 
._}._ 
scheme or any direction issued by Court in interregnum- Such schemes and A 
-firections issued by Court to be considered as pure(v temporary in nature, 
subject to and valid till regulations framed by State Government in terms of 
Section JO. I of National Policy are implemented 
In Maharashtra Ekta Hawkers Union v. Municipal Corporation of 
Greater Mumbai, 12004) l sec 625 in paragraph 13 of judgment, this Court B 
approved additional 49 roads as hawking Zones, but subject to the approval/ 
NOC from the Traffic Police. It was also clarified that even though these roads 
may be within a hawking Zone, the restrictions regarding distances from 
railway stations, hospitals, educational institutions, places of worship etc. on 
that road, if any, continued to apply. After noticing draft scheme prepared C 
pursuant to judgment in Bombay Hawkers' Union v. Bombay Municipal 
Corporation, (19851 3 SCC 528, a Committee was constituted for 
consideration thereof. However, in paragraph 16, it was clarified that merely 
because in the scheme, as sanctioned, an area has been shown as a hawking 
zone or a non hawking zone, it will not preclude the Committee from 
considering whether hawking can be permitted on that road/street. With D 
regard to handicapped hawkers, who were not covered by Maharashtra Ekta, 
said judgment was modified by subsequent orders of this Court permitting 
handicapped persons who had license for running the PCOs/Aarey/Sarita 
stalls to continue to run them even in non-hawking Zones, subject to conditions 
mentioned therein. As number of associations were seeking to intervene, this E 
Court clarified that each of them had to file in Court, and also furnish to the 
Bombay Municipal Corporation, a list of all its members with their addresses, 
and they along with their members were required to file an undertaking before 
the Court to the effect that they will cooperate with the Bombay Municipal 
Corporation in the implementation of the Scheme. Any Association or member 
- -t 
F 
who did not file list/ undertaking was not to be considered for allotment of 
space. Also, two more Committees were directed to be constituted; the earlier 
established Committee was directed to deal

Excerpt shown. Read the full judgment & AI analysis in Lexace.