HC backs PMC move against hawkers

HC backs PMC move against hawkers
EXPRESS NEWS SERVICE

PUNE, JULY 13: In a significant decision, the Bombay High Court has dismissed a writ petition, filed by Janeev Sanghatana, representing hawkers, hand-cart pullers and vendors in the city, challenging Pune Municipal Corporation (PMC)'s decision to cancel their licenses to ensure safe and smooth traffic on city roads.

The High Court bench, comprising Justice B N Shrikrishna and Justice Ranjana Desai, dismissed the writ petition last month categorically stating that the Court did not see any reason to interfere in the matter. The Municipal Corporation received the certified copy of the judgment this week while further course of action was expected to be chalked out next week.

The judgment said that hawkers could not cause inconvenience to the Municipal Corporation and the public at large by insisting that they be allowed to sell their articles in the middle of congested roads. The judgment further says, ``Hawking activities of the petitioners were causing serious obstruction to the smooth flow of traffic on the congested roads of Pune city''.

The High Court has said that the Municipal Corporation has offered the petitioners alternate sites to carry out their business at places most convenient and suitable from the point of view of the public at large, which the High Court remarked, was not liked by the hawkers. The judgment says that nothing prevents the petitioners from accepting the alternate sites offered by the PMC.

It may be recalled that the then municipal commissioner Rajiv Agarwal had cancelled the licenses of hawkers, vendors and hand-cart pullers at 22 bottleneck-points in the city by issuing an order on November 17, 1998. The order had said that the licenses had been cancelled to facilitate smooth traffic-flow on the city roads. The decision was strongly opposed by various hawkers' unions, led by Baba Adhav, Janeev Sanghatana and the Congress-affiliated INTUC.

While the municipal corporation offered the hawkers and vendors alternate sites, Janeev Sanghatana filed a writ petition against Agarwal's order. The organisation argued that the decision violated Article 19 of the Constitution, which ensures freedom of profession. The argument, however, was not accepted by the High Court.

The sites, where the licenses of hawkers and vendors had been cancelled are Jedhe chowk, Shahaji Chowk near Laxminarayan Talkies, Pune Railway Station Chowk, Shivajinagar ST Stand Chowk, Observatory Chowk, University Chowk, Ambedkar Garden Chowk near the Collector's Office, Vishrambaugwada Chowk, Khandujibaba Chowk, Tilak Chowk, City Post Chowk, Gondhale Chowk, Lal Mahal Chowk, Narpatgeer Chowk, Parihar Chowk in Aundh, Gunjan Talkies Chowk and Gadital Chowk in Hadapsar.