HC stays Lokayukta order for action against Crawford Market hawkers

MUMBAI: Bombay high court on Monday stayed an order of the Lokayukta directing the BMC and the police to take action against hawkers on Musafirkhana Road, Crawford Market, observing that it has no jurisdiction to pass such orders.
The interim order was passed by a vacation bench of Justice BP Colabawalla and Justice SM Badar while hearing an urgent plea by more than 200 hawkers.
They challenged the Lokayukta's January 31 order, in a suo motu enquiry, directing the "the authorities to take necessary steps to remove the encroachments on Musafirkhana Road". The hawkers had filed a petition before the regular court which granted them liberty to move the vacation court for relief.
Their application said that the Lokayukta's direction was passed without hearing hawkers who are selling cloth, ready garments, dress material, cutlery, among other things, since the last 50 years. It said BMC is quoting the Lokayukta's order each time while seizing their wares and makes ugly scenes during peak hours, scaring customers. The application said their business is affected and Ramzan, which has commenced from May 27, is the most flourishing period for business for hawkers.
The hawkers' advocate Satish Talekar argued that, under section 63 of the Lokpal and Lokayuktas Act 2013, the jurisdiction of the Lokayukta is confined to matters of corruption by the public servants.
The judges asked the BMC how it had acted on the Lokayukta's order. "The Lokayukta has no jurisdiction to pass such orders. You can take action under the BMC Act or the law," said Justice Colabawalla.
In their order, the bench said, "We find that prima facie case is made out for the purpose of interim relief."
While staying the Lokayukta's order, the bench clarified that "this order shall not preclude BMC and its authorities from taking action against the petitioners independently and by following due process of law."