Bombay High Court Sets March 31 Deadline for Colaba Hawkers’ Union to Remove Illegal Vendors

Mumbai: The Bombay High Court has given a deadline of March 31 for the Colaba Causeway Tourism Hawkers Stall Union to remove over 173 unlicensed hawkers or face court orders to evict them. The court raised this question on Wednesday after being informed by the Brihanmumbai Municipal Corporation (BMC) that only 83 of the Union's 253 members are legally authorized to operate.

The court’s bench, comprising Justices Ajey Gadkari and Kamal Khata, initially ordered the immediate removal of the unlicensed hawkers but later granted a stay, allowing the Union time until March 31 to comply. The Union must inform the court by the deadline whether it will take action to remove the illegal hawkers or submit to judicial eviction orders.

The Colaba Causeway Tourism Hawkers Stall Union had approached the Bombay High Court seeking the enforcement of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which they argue grants all 253 members the right to hawk along the 1.5 km stretch of Colaba Causeway, a popular area for tourists and shoppers. However, the court dismissed this plea, prompting the Union to challenge the decision in the Supreme Court (SC).

On the Union’s appeal, the Supreme Court reinstated the case and directed the High Court to verify the hawkers' legal status. The residents of Colaba, represented by the Clean Heritage Colaba Residential Association (CHCRA), opposed the hawkers, arguing that they were illegally operating in violation of zoning regulations.

According to a 2014 BMC survey, only 79 hawkers were found eligible to operate on Colaba Causeway, with 19 others permitted in designated bylanes. The association claimed that many hawkers were obstructing pedestrian pathways, violating space restrictions, and failing to comply with hygiene and food safety standards. They also alleged that hawkers were operating beyond the permitted hours, encroaching on public spaces, and subletting stalls.

The residents, through their lawyer, Prerak Chaudhary, argued that these violations infringed upon their constitutional right to a clean and safe environment, as guaranteed under Article 21 of the Indian Constitution, and urged the court to ensure that public spaces remain accessible and unobstructed.

On January 27, the Supreme Court had granted a temporary stay on eviction following the Union’s challenge to the High Court’s December order. However, on March 3, the SC remanded the case back to the Bombay High Court and extended the hawkers' stay for another three months.

The High Court’s order now provides the Union a final chance to take action or face enforced eviction.