Mid-Day Impact: State Human Rights Commission summons officers over Borivli hawkers’ menace

Bhaji Market Gully, which has been taken over by hawkers, in Borivli West, on Thursday. Pic/Prasun Choudhari

Taking suo motu cognisance of a mid-day report highlighting how BEST bus routes had to be shifted owing to hawkers taking over a lane opposite Borivli railway station, the Maharashtra State Human Rights Commission has issued summons to the Mumbai police commissioner, additional commissioner (transport department) and the BEST general manager. A division bench headed by Justice K K Tated, chairperson of the commission, and panel member M A Sayeed came down heavily on the civic administration for allowing the encroachment to go unchecked.

The notice issued by the Maharashtra State Human Rights Commission to the authorities reads, "Whereas commission has taken suo-motu cognisance in respect to news in English newspaper mid-day, regarding ‘The Borivli hawkers' ‘market' has killed several BEST services' against you for having failed to take necessary action in respect to its grievance, you are hereby summoned to appear before the commission. You are further directed to submit your response in writing with relevant documents upon which you intend to rely in respect to your defence."

Bhaji Market Gully, in Borivli West which has been taken over by hawkers. Pic/Anurag Ahire

This newspaper highlighted how the illegal occupation of the Bhaji Market Gully by vegetable and fruit vendors along with other hawkers had made the entire stretch completely inaccessible to the public. The report also highlighted how the occupation of the gully had prompted BEST to divert three routes to Chandavarkar Road.

The bench also pointed out that the photographs accompanying the news report also "exhibit that the entire road is encroached by vendors". The notice also read, "It is very difficult to understand whether the corporation constructed the said road for vendors only or the public at large, including transport vehicles. [This has] constrained BEST to divert their services. This is nothing but a violation of the human rights of people living in the area."

Taking note of the assistant municipal commissioner of R Central ward's statement that it was not possible for the civic body to clear the encroachment for want of manpower, the bench observed, "It is very difficult to understand how the corporation can make such statements to the public at large. In any case, it is their duty not to allow the encroachment of public roads."

The commission stated, "Considering this fact, the commission decided to take up this issue by way of the present suo motu case under Section 12 of the Protection of Human Rights Act, 1993. Hence, the following order is passed: The office is directed to issue summons to the commissioner of police, Mumbai; general manager, BEST; and additional commissioner, transport department, Mumbai, calling upon them to hold a fact-finding enquiry and file an affidavit in reply, including the following information: 1) Whether the said SV Road is constructed only for hawkers or the general public and transportation also? ii) Why did the authorities fail and neglect to take action to clear the said road? iii) Is it correct that BEST routes 244, 246 and 277 were disturbed due to hawkers? iv) What is the respondents' road map to clear the said road, so that it can be used by the public at large?"

mid-day tried contacting Mumbai Commissioner of Police Vivek Phansalkar, the BEST General Manager Anil Diggikar, BEST PRO Sudas Sawant and Mumbai Police PRO DCP Akbar Pathan via phone and messages but did not receive responses by press time. Meanwhile, Anil Kumbhare, Joint Commissioner of Police (traffic), told the reporter that he was occupied with bandobast duty related to Prime Minister Narendra Modi's rally.