Achi news desk-
Bombay High Court
– Photo: ANI
expansion
The Bombay High Court said unauthorized hawkers cannot be allowed to permanently occupy public footpaths and roads in Mumbai. The High Court suggested the BMC to consider the concept of a pop-up market or mobile sale.
A division bench of Justices Gautam Patel and Kamal, in its order dated April 16, said that the constitutional right of an individual cannot be construed as impinging on the right to a free and safe pedestrian walkway. Last year, the bench recognized the issue of illegal vendors in the city. The petition is said to raise a fundamental question about who owns the city because there are rival competitors for the space.
Road stability claim is wrong
The High Court said that it was unthinkable that an unlicensed street vendor could claim to exist on a public road. This would affect the constitutional rights of pedestrians and other tax-paying citizens. The High Court said that we do not see how the Article 19 right (to livelihood) claimed by a seller Without a license in a public place can be translated into gaining land at the expense of other users in the same public place. The right to livelihood can always be regulated by law.
