Dated: 23/12/2011.

To,

Ward Officer – P-South,

The BMC’s Licensing (Encroachment) department,

P-south Ward, Goregaon-West,

Mumbai – 400104

Subject: Ref. To Complaint No 0721359055 by ‘Across Mumbai’ English newspaper at 1916 control room. Need Immediate Action against Illegal Hawkers Encroachment on foothpath (Hawkers Proliferation) adjacent to Municipal School, Hospital and Station Road and give justice to Pedestrians as per the para 15 ofCivil Appeals No. 4156 – 4157 of 2002 of SC order dated 30.7.2003 by Justice S N Variava (Maharashtra Ekta Hawkers Union & Anr (Applents) Vs Municipal Corporation of Greater Mumbai & Ors (Respondents).

Para:

  1. Pedestrians FREE-FOOTHPATH and PAVEMENT: Am being one of the Pedestrian from Goregaon, Station road has been now totally fed-up with the uprising situation of the congested road , forcedto write this letter to you and request your kind attention tovisualize thepractical experience, plus also request to make a note of these truefactsheet of the list of problem’s mentioned below. Goregaonkar’s are mentally harassed & physically tortured bypassing crowded roadespecially during peak hours, due to illegal hawker’s encroachment on the foothpath adjacent to Municipal school, Municipal hospital, opposite to Lalit Restaurant and Station Road. Pedestrians are mentally dying every day and observed to be worse than living like in hell. Life of the Goregaonkar’s especially nearby residential area people turned out to be like a ‘LIFELESS’ and ‘HORRIBLE’. We would kindly request you to evict illegal hawkers from this Non-Hawking Zones to any other BMC defined Hawking Zones immediately as soon as this request reaches your desk.
  1. Problems faced by the Goregaon Residents including Children, Senior Citizen and Office goers.
  2. The Station Road till Railway Station, Road adjacent to Municipal School, Municipal Hospital and Municipal Market are completely encroached and blocked by illegal hawkers. The pedestrians had no option but to walk on the middle of the road as the footpaths are totally encroached by the hawkers.
  3. The encroachments on footpaths had forced our families and resident of Goregaonkar’s to use the road while risking our lives and it is becoming difficult during the peak hours in the evening for pedestrians specially Senior Citizen-Office goers to walk through the road.
  4. Besides that, the illegal stalls have eaten up the footpath. “The situation is terrible. There is no place to walk on the footpath. People have to walk on the road. Even the station road is so crowded that people dreadamong themselves and even sometimes due to this reason they have been seen fighting on the road.In Mumbai no one can walk on the footpaths because they are captured by hawkers forcing people to walk on the roads and endangering their lives.
  5. For a group of people fighting for years against illegal hawking in the locality, there is no outcome, rather than the situation is becoming more alarming and more unethical.
  6. Some shopkeepers observation is that - due to the hawkers, shoppers are unable to see the signs of their shops, and their business has been affected. In many cases across mumbai, there is evidential proof that shopkeepers who have complained about the hawkers have received threats from them. A story recently cited in some media - Some illegal hawkers, who recently attacked a shopkeeper in Andheri and took to similar violence in Bandra and Vakola and the same incident could spread to other wards also.
  7. The residents faced severe issues at the receiving end as hawkers dump their metal stands in housing societies every time the civic corporation's van would come to confiscate their goods. The perennial problem has been that hawkers return soon after the BMC raiding party leaves.Residents also have a doubt that the authorities releasing the identities of citizens who had raised their voice against irregularities.
  1. Don’t you think Local Authorities be it BMC ward, Traffic department or Police department or Ward CORPORATORS are responsible for deaths & accidental injuries to pedestrians walking on roads because of the CONGESTION caused due to these Illegal hawkers who has covered 60% of the foothpath and the pavement including FREE SPACE. Are they charged & tried for this crime. The encroachment of roads by hawkers, slums etc are also responsible for traffic jams. The administrations apathy is responsible for the extra time each person in this city spends on commuting.
  1. In fact more than anything else it shows how badly the LOCAL AUTHORITIES has neglected the infrastructure of this city which is home to us and made it a source for raising revenue in private. Mumbaikars are India's biggest, most honest tax-paying community. This ought to give us the muscle to demand, not beg.
  1. The Brihanmumbai Mahanagar Palika (बृहन्मुंबईमहानगरपालिका) is the civic body that governs the city of Mumbai and is India's richest municipal organisation. Its annual budget is even more than that of some of the small states of India. BMC is responsible for the civic infrastructure and administration of the city of Mumbai. Its motto, यतोधर्मस्ततोजय (Sanskrit: Yato Dharmastato Jaya or, Where there is Righteousness, there shall be Victory) is inscribed on the banner of its Coat of Arms
  1. Let us understand the hierarchy of BMC
  2. Municipal Commissioner: We understand that the corporation is headed by a Municipal commissioner, an IAS officer said to be highly qualified and wields the executive power of the house.
  3. Elected Ward Corporator:A elected corporators to power are responsible for overseeing that their constituencies have the basic civic infrastructure in place, and that there is no lacuna on the part of the authorities.
  4. Mayor of Mumbai: The mayor (a largely ceremonial post with limited duties) heads the party with the largest vote.
  5. Ward Officer:Each ward is under the administrative control of a ward officer.
  1. BMC Hierarchical function: There is a Municipal Commissioner along with the Mayor-in-Council to oversee the activities of the BMC. There is a police commissionerate for the entire BMC area headed by the Police Commissioner with the headquarters at Crawford Market. The BMC area is further divided into seven police zones. The traffic commissionerate headquarters is located at Crawford Market and there are seventeen traffic divisions in Mumbai.
  1. We quote para 15 of Civil Appeals No. 4156 – 4157 of 2002 of SC order dated 30.7.2003 by Justice S N Variava (Maharashtra Ekta Hawkers Union & Anr (Applents) Vs Municipal Corporation of Greater Mumbai & Ors (Respondents) :

“It is expected that citizens and shopkeepers shall participate in keeping non-hawking zones / areas free from hawkers. They shall do so by bringing to the notice of the concerned ward officer (i.e. Assistant Municipal Commissioner) the presence of a hawker in a non-hawking zone / area. The concerned ward officer shall take immediate steps to remove such a hawker. In case the ward officer takes no action a written complaint may be filed by the citizen / shopkeeper to the Committee. (I.e. Hawking / Non-Hawking Zone Scheme ImplementationCommittee). The Committee shall look into the complaint and if found correct the Committee will with the help of police remove the hawker. The officer in charge of the concerned police station is directed to give prompt and immediate assistance to the Committee. In the event of the Committee finding the complaint to be correct it shall so record. On the Committee so recording an adverse remark, failure to perform his duty will be entered in the confidential record of the concerned ward officer. If more than three such entries are found in the record of an officer it would be a ground for withholding promotion. If more than 6 such entries are found in the records of an officer if shall be a ground for termination of service. For the work of attending to such complaints BMC shall pay to the Chairman a fixed honorarium of Rs. 10,000/- p.m.”

  1. Gist of Law and Order passed by Supreme court
  1. The Supreme Court has passed an order allowing hawking only on roads named in the order -which means that all other roads should be completely free from hawkers.
  2. The order also says that there should be no hawkers within 150 metres of any railway station, Bus terminus, Schools, Temples and other public spaces.
  3. Even on the roads where hawking is allowed the numbers will be regulated by BMC & photo-passes will be issued to these hawkers who have to wear the pass on their shirt/clothes.
  4. Each hawker is only allowed 1 Sq.Mtr. Space & no structure can be built by them,
  5. They have to conduct their activity between 9.30 am to 7.00 pm & then leave the place carrying all their goods with them - which cannot be left on the roads.
  6. Even handcarts used by fruit & vegetable vendors are illegal as these create traffic jams.
  1. Result of Negligence and Ignorance on part of Local Authorities or Ward Officers
  2. Due to the Local Authoritiesofficials negligence and ignorance either intentionally or unintentionally, the hawkers has taken control over your department as well as the control over Ward Corporator.
  3. There are instances when the BMC van arrives at the spot, but not even one illegal stall is eradicated. Is this exercise done for formalities or to gain the public sympathy or just to fool around the innocent public of Goregaonkar’s?
  4. Due the Local Authoritiesofficial’s negligence and ignorance, people is suffering and dying. Who is responsible for this severe mental torture – BMC or Police department or Traffic department or the Corporator or the Municipal Commissioner or the Mayor of Mumbai?
  5. Due to the Local Authoritiesofficials negligence and ignorance the time which take to commute to station from our home is not more than 5 minutes but due to these illegal hawkers encroachment currently it takes more than 15 minutes.
  6. Ward Officer is appointed by the BMC for the public and to serve the public but it is seen that in your presence there is no control on the illegal hawkers neither there is any regulation of laws.
  7. Due to negligence and ignorance on behalf of Local Authorities, the Law and Order passed by Justice of High Court and Supreme Court to maintain the foothpath and pavement clean and FREE from illegal hawkers is ‘KILLED’, ‘Insulted’, ‘Ignored’, ‘Taken for granted’, ‘Not Implemented’, ‘Handicapped’.
  8. Due to Local Authoritiesofficial’s negligence and ignorance, it is observed that your department have totally failed in delivering their role and responsibility for which they had been appointed by the BMC on behalf of public.
  1. Roles and Responsibilities of a Ward Officer, as per our understanding
  2. It is the role and responsibility of a BMC Ward officer, traffic department and local police authorities to keep a close eye on these hawkers and ensure that they do not encroach the stalls on the foothpath adjacent to Municipal Hospital and Municipal school.
  3. Immediate action should be taken to implement the order passed by the Justice of High Court and Supreme Court.
  4. Eradicate and Evacuate all the illegal stalls encroachment that has taken the shape of OWNERSHIP of public property and public asset.
  5. Public property and public asset like foothpath, pavements, open space, gardens and public toilet should be maintained by BMC and especially kept for the sake of public and only for the USE of PUBLIC.
  6. Public property like Foothpath, Pavement, Open Spaces, and Garden should be kept – FREE OF HAWKERS. Foothpath is meant only for the ‘PEDESTRIANS’. Usage of Foothpath is for the public to walk and not meant for hawkers to hawk.
  7. No-Hawking Zones should be FREE from hawking. Station road as well as road adjacent to Municipal hospital and Municipal school should be strictly FREE from HAWKING. Any illegal ENCROACHMENT in these area found should be immediately recorded in BMC non-compliance book and severe action has to be taken by the BMC Encroachment department.
  8. Every BMC Ward Officer is responsible and accountable to implement his role and duties to tackle the entire unbearable public problem.
  9. It is the duty of the BMC P-South Ward Officer, Ward Corporator including traffic police and local civil police to plan and drive out illegal hawkers on a war-footing as an immediate steps.
  10. Unauthorised encroachment on open public spaces should be banned and restricted following with fines and penalties. These fines and penalties should be deposited under the government treasury.
  11. As per the observation, being given to understand that there are appox. more than 1000 (plus or minus) illegal hawkers hawking at a very CRITICAL ZONE of Goregaon West.Impose a large fine which will act as a deterrent for any illegal hawking activity.
  12. Traffic jams and vehicle getting stuck due to traffic-jam could easily have been avoided by removing blocks created by illegal hawkers.
  13. Enforce the supreme court order strictly.
  14. Increase the BMC staff strength for curbing the illegal encroachments by hawkers and there should be daily monitoring which should happen after 6.30 pm as that is the PEAK time for pedestrians and office-goers to market and come back from office.
  15. A display board clearly defining – Hawking Zones and No-Hawking Zones.
  1. Some Live Example of Recent Criminal Incident and successful implementation of evacuating the illegal hawkers from station road by Deputy Municipal Commissioner & Shopkeeper’s association taken from various sources.

Around three months ago, the ward officials removed around 700 illegal hawkers from the SV Road at Andheri and the nearby areas such as MA Road and Masjid Lane.Ramesh Pawar, assistant commissioner of Andheri (west) ward, said: “On citizens’ complaints and the Supreme Courts orders, we have been acting against them and will continue.”Deputy municipal commissioner of zone IV, Ashok Khaire said action against illegal hawkers would continue by following all rules and regulations.Shopkeepers in Andheri also received a letter from the office of the BMC’s Licensing (Encroachment) department telling them that all illegal hawkers had been removed from SV Road and from areas surrounding the Andheri Railway Station.After the BMC and police drive out hawkers in the first three months, "the shopkeepers' association would take over, beautify the footpaths and deploy security guards", said Pawar. He said this is to ensure the hawkers don't reappear. These decisions were announced at a meeting of the Andheri Shopkeepers' Association, residents, the BMC and the police. There was an incidence on one of the Wednesday, where a shopkeeper was beaten by the street hawkers was also condemned at the meeting.

One Wednesday afternoon, around five men entered Jewellers shop on S V Road, near Andheri (West) station, dragged out the store's owner, aged 50, and started bashing him ruthlessly in the midst of a large crowd because the owner had regularly raised his voice against illegal hawkers in the area, who block the front of the legal shops, thereby affecting their business.

Same incidence can be cited if we go back to October 2003, where BJP corporator from Goregaon (W), was stabbed by a saloon owner at Topiwala Lane, Goregaon Corporator was admitted to the Hospital. The police than booked the person who stabbed. Anyone who raise their voice against any illegal activities or corruption is openly threatened or trapped in some false cases or traced his routes and timings for attacks or ruthlessly beaten up in front of public or may be attempt to Kill or attempt to Murdered.

Evidence from MUMBAI, Kharie village in Old Khar, Six hawkers nabbed for assaulting Old Khar resident (Name not to be disclosed)for allegedly beating up a resident, age (38). Old Khar resident had got into an argument with the accused over illegal hawking in the area, following with they assaulted him. Old Khar residentwas than undergone treatment for head injuries at Bhabha Hospital.

Mumbaikars pay TAXES to government, inturn which is utilized in paying Salaries to Local Authorities appointed to deliver their Roles & Responsibilities – honestly and sincerely. If any such cases happen with anyone of the Mumbaikars who tried to raise their voice towards EVACUATION of ILLEGAL STALLS ENCROACHMENT – don’t you think the local authorities of that local area should be hold responsible and they should inturn be ready to sacrifice their Service.

It is in any case, obligatory, mandatory, statutory and by Supreme Court order, to keep unauthorised and illegal hawkers away and FREE the foothpath and pavement for the sake of Pedestrians and public as the same is public property and is meant for walking.

You are kindly advised to DELIVER the High Court and Supreme Court’s Justice Orderand RESPECT the Law and Order for the SAFETY and SAKE of public.

We expect a decent and disciplinary action towards this movement at the earliest.