Ensure 104 civic bodies form TVCs in 4 mths: Bombay HC to state

Mumbai: The Bombay High Court on Monday directed the state govt to make it "imperative" for 104 municipal councils/corporations, where town vending committees (TVCs) are not set up, to conclude the process of elections and constitute the committees within four months.Justices Bharati Dangre and Manjusha Deshpande were hearing petitions by four hawkers and hawkers union. On March 26, HC had rapped the state govt for not implementing the Street Vendors Act, 2014. The petitioners alleged that Navi Mumbai Municipal Corporation (NMMC) was seizing their goods without following due process under the Act. While NMMC said they are encroachers in non-hawking zones, the petitioners said there is no vending scheme in place.The state's advocate submitted Urban Development Department's April 20 government resolution (GR) for setting up a committee for formulating the vending scheme. "We see some progress in the implementation of the 2014 Act, as now the state government has resolved to formulate a scheme which shall be applicable throughout the state of Maharashtra," said the judges.They were also given a copy of the draft scheme informing that it will be implemented within two months for 320 councils/corporations where TVC is constituted. In 104 corporations/councils, TVCs are yet to be constituted. But the judges questioned implementation of the scheme without consulting TVCs, including those yet to be constituted. "Can you not perceive the problem? The statute says in every area, the vending committee has to be consulted,'' said Justice Dangre.The judges noted that as the statute contemplates consultation with TVCs, care is taken to ensure where TVCs are not constituted, or where the election process is on or no steps are initiated, the GR has set out a maximum timeline of 6 months for constitution of TVC and forwarding recommendations/ suggestions to the draft scheme. Therefore, they directed the secretary, UDD, to direct elections to TVCs in 104 councils/corporations to be concluded within four months.On the other issue in the petition regarding grievance redressal committees, the judges said they previously noted that though the Act came into force in 2014, the committees are not yet constituted." They repeatedly asked the government when the committees shall be constituted, "but we did not receive a positive response." They were not satisfied with the statement that it will be done expeditiously. They directed the secretary, UDD, to file an affidavit stating within what time period the committees "shall be set up and made functional to redress grievance of hawkers."