- (1.) THIS Court had, on 9-12-2003, Maharashtra Ekta Hawkers Union v. Municipal Corpn., Greater Mumbai, 2004 (1) SCC 625, framed a scheme and laid down guidelines on the basis of which hawking was to be permitted in the city of Mumbai. These matters were then kept last week in order to oversee implementation. When these matters were listed last week, we were informed that some of the licensed hawkers had obtained from the Bombay High Court orders dated 16-4-2004 and 23-4-2004 wherein the Bombay High Court purports to interpret our abovementioned order. We do not intend to comment on the patently fallacious reasoning of the Bombay High Court. We clarify that the Bombay High Court orders shall no longer apply. On a plain reading of our order dated 9-12-2003, Maharashtra Ekta Hawkers Union v. Municipal Corpn., Greater Mumbai, 2004 (1) SCC 625 it is clear that the Bombay High Court has gone wrong.
(2.) WE were also informed that one other party had also obtained an order from some other court in Mumbai. We, therefore, feel it necessary to clarify that this Court is framing a scheme for hawking. Thus only this Court will hereinafter deal with this aspect. No other court shall either interpret orders of this Court or pass any orders contrary to the orders of this Court. If any clarifications are required they must be obtained from this Court. Also if any party feels aggrieved by the effect of an order of this Court, then the remedy of that party will be to approach this Court for a clarification or variation. It appears that the Committee, which had been established by our order dated 9-12-2003, Maharashtra Ekta Hawkers Union v. Municipal Corpn., Greater Mumbai, 2004 (1) SCC 625, has already received a very large number of applications. It, therefore, becomes necessary to appoint more committees. We, therefore, appoint two more committees. The procedure established by our aforementioned order will apply in respect of these committees also. The Chief Justice of the Bombay High Court shall nominate two other ex Judges of the City Civil Court who will be assisted by the officers of the Bombay Municipal Corporation as set out in our earlier order. All other modalities set out in our earlier order will apply to these committees. The Committee already established will deal with Zones 1 and 2, one other committee will deal with Zones 3 and 4 and the last committee will deal with Zones 5 and 6. Applications already made to be segregated zonewise and forwarded to the Committee concerned.
(3.) ALL unauthorised hawkers and hawkers other than the licensed hawkers must now be, in a phasewise manner, removed from non-hawking zones. The senior police officers of the Traffic Department are directed to render all assistance to the Bombay Municipal Corporation for such removal. A complaint is made that hawkers are not cooperating and not abiding by the decision of this Court. The scheme has been framed keeping in mind the rights and needs of hawkers and balancing that with the rights of the public. It is clear that any person/hawker who chooses not to abide by the scheme framed disentitles himself from being considered. If any hawker resists removal by physically obstructing, the Bombay Municipal Corporation to get the name and identity of that hawker and that hawker not to be allowed any space in future. Before this Court a number of associations are appearing and are seeking to intervene. Each such association shall file in this Court, and also give to the Bombay Municipal Corporation, a list of all its members with the address of each member. The association and each such member shall file an undertaking before this Court that they will cooperate with the Bombay Municipal Corporation in the implementation of the scheme. Any association or member who does not file list/undertaking not to be considered for allotment of space.;