JUDGMENT P.D. Dinakaran, CJ. The petitioner has filed the above public interest litigation seeking to: (i) direct the respondents to initiate proper action against hawkers, peddlers and prevent them from carrying on business at their whims and fancy either on the footpaths or on the street; (ii) direct the respondents to set up separate hawking zone by forming a Committee headed by experts in the field of traffic management; (iii) to direct the respondents to frame appropriate rules. 2.1) The prayer sought in the above writ petition is based on the decision of the Apex Court in the case of MAHARASTRA EKTA HAWKERS UNION AND ANOTHER Vs. MUNICIPAL CORPORATION, GREATER MUMBAI AND OTHERS - reported in AIR 2004 SC 416 , wherein the Apex Court has, in crystal clear terms, discouraged unauthorised hawking in public places. 2.2) The restrictions and conditions on which the hawkers shall do business, as held by the Apex Court in the case of Maharastra Ekta Hawkers Union case, are as follows: "(i) an area of 1 mtr X 1 mtr on one side on the footpath wherever they exist or on an extreme side of the carriage way, in such a manner that the vehicular and pedestrian traffic is not obstructed and access to shops and residences is not blocked; (ii) Hawkers must not put up stalls or place any tables, stand or such other thing or erect any type of structure. They should also not use handcarts; (iii) There should be no hawking within 100 mts of any place of worship, holy shrine, educational institutions and hospitals or within 150 mts from any municipal or other markets or from any railway station. There should be no hawking on foot-bridges and over bridges; (iv) The hawkers must not create any noise or play any instrument or music for attracting the public or the customers; (v) They can only sell cooked food, cut fruit juices and the like; (vi) hawking must be only between 7 a.m and 10 p.m; (vii) hawking will be on the basis of payment of a prescribed fees to be fixed by BMC.
However, the payment of prescribed fees shall not be deemed to authorise the hawker to do his business beyond prescribed hours and would not confer on the hawkers the right to do business at any particular place; (viii) The hawkers must extend full cooperation to the municipal conservancy staff for cleaning the streets and footpaths and also to the other municipal staff for carrying on any municipal work; (be) No hawking would be permitted on any street which is Jess than 8 mts in width. Further, the hawkers also have to comply with development control rules and there shall be no hawking in areas which are exclusively residential and where trading and commercial activity is prohibited; (x) BMC shall grant licenses which will have photos of the hawkers on them. The licence must be displayed at all times by the hawkers on their person by clipping it on to their shirt or coat; (xi) Not more than one member of a family must be given a licence to hawk; (xii) vending of costly items like electrical appliances, video and audio tapes and cassettes, cameras, phones etc. are to be prohibited. In the event of any hawker found to be selling such items his licence must be cancelled forthwith. (xiii) In areas other than the non-hawking zones, licenses must be granted to the hawkers to do their business on payment of the prescribed fee." 3) After hearing Sri Ramesh Chandra Learned Counsel for the petitioner and Smt. Niloufer Akbar, Additional Government Advocate for Respondents 1 and 3, we are convinced that permitting the roadside vendors and allowing the hawkers on the footpaths/streets causes not only great public nuisance, but also affects the public health and public safety. The right of such vendors the pretext of Article 19(1)(g) and 21 of the Constitution of India cannot be a justification for permitting the hawkers to vend on the footpaths or streets within the street/road margin. On the other hand, it may also not be proper for this Court to issue a direction as prayed for as the same is very ambiguous, as pointed out by the learned Government Advocate.
On the other hand, it may also not be proper for this Court to issue a direction as prayed for as the same is very ambiguous, as pointed out by the learned Government Advocate. 4) In the circumstances of the case, suffice it to direct the respondents to take all necessary and appropriate steps to regulate the hawkers and the footpath shop vendors in compliance with the guidelines issued by the Apex Court in the case of Maharastra Ekta Hawkers Union case (supra) and in the manner known to law, in order to avoid public nuisance and to ensure public safety and public health. The State Government shall pass appropriate orders in this regard which shall be applicable to all streets and roads situate in Corporation limits, Municipalities or panchayats as the case may be, throughout the State. 5) Writ petition is ordered accordingly.