What changed

This document details a Bombay High Court case, specifically Writ Petition (L.) No. 29339 of 2024 and Writ Petition No. 3690 of 2025, heard on March 23, 2026. The petitioners, representing hawkers' unions, are challenging actions or inactions by the Town Vending Committee, the Municipal Corporation of Greater Mumbai, and the State of Maharashtra's Urban Development Department. The case appears to concern issues related to urban vending and the rights or regulations affecting street vendors.

Compliance officers should note the specific parties involved and the nature of the legal challenge, which pertains to urban development and municipal regulations. While this is a court filing and not a direct regulatory mandate, it indicates potential areas of scrutiny for entities operating under municipal vending licenses or regulations in Mumbai. No immediate compliance actions are required based solely on this filing, but it highlights ongoing legal disputes that could lead to future regulatory or policy changes affecting street vendors and their representative organizations.

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My Dream Colaba Foundation Through The ... vs State Of Maharashtra Through The Urban ... on 23 March, 2026

Author: A. S. Gadkari

Bench: A. S. Gadkari

2026:BHC-OS:6988-DB

                            sns                                   1-oswpl-29339-2024+.doc

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                     ORDINARY ORIGINAL CIVIL JURISDICTION

                                         WRIT PETITION (L.) NO. 29339 OF 2024

                  The Maharashtra Ekta Hawkers Union                 ]
                  Through President Nawaj Khan                       ]
                  Room No.-406, Andheri United CHS Ltd.,             ]
                  Andheri-West, Mumbai-400 058                       ]        ... Petitioner
                                  V/s.
                  1.    Town Vending Committee - MCGM                ]
                  Municipal Corporation of Greater Mumbai            ]
                  Through its Chairperson                            ]
                  Mahapalika Bhavan, Mahapalika Marg                 ]
                  Mumbai - 400 014.                                  ]

                  2.    Municipal Corporation of Greater Mumbai ]
                  Through its Municipal Commissioner                 ]
                  Mahapalika Bhavan, Mahapalika Marg                 ]
                  Mumbai - 400 014.                                  ]

                  3.    State of Maharashtra,                        ]
                  Through the Principal Secretary,                   ]
                  Urban Development Department,                      ]
                  Mantralay, Madam Cama Road,                        ]
                  Hutatma Rajguru Square,                            ]
                  Nariman Point, Mumbai - 400 032.                   ]

                  4.    Commissioner of Labour                       ]
                  Kamgar Bhavan, 4th Floor, C-20, E Block,           ]

SUMEDH
NAMDEO
SONAWANE 1/56
Digitally signed by
SUMEDH NAMDEO
SONAWANE
Date: 2026.03.23
19:55:06 +0530

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Opp. Reserve Bank, BKC, Bandra (East), ]
Mumbai - 400 001. ] ... Respondents
WITH
WRIT PETITION NO. 3690 OF 2025
Janwadi Hawkers Sabha ]
Through President K. Narayan ]
CITU Office, Bhaktawar Building, 2, ]
Station Road, Andheri (West), ]
Mumbai - 400 058. ] ... Petitioner
V/s.
1. Town Vending Committee - MCGM ]
Municipal Corporation of Greater Mumbai ]
Through its Chairperson ]
Mahapalika Bhavan, Mahapalika Marg ]
Mumbai - 400 014. ]

Municipal Corporation of Greater Mumbai ]
Through its Municipal Commissioner ]
Mahapalika Bhavan, Mahapalika Marg ]
Mumbai - 400 014. ]
State of Maharashtra ]
Through the Principal Secretary, ]
Urban Development Department, ]
Mantralaya, Madam Cama Road, ]
Hutatma Point, Mumbai - 400 032. ]
Commissioner of Labour ]
Kamgar Bhavan, 4th Floor, C-20, E Block, ]
Opp. Reserve Bank, BKC, Bandra (East), ]
```
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Mumbai - 400 051. ] ... Respondents

                                 WITH
                     WRIT PETITION NO. 3700 OF 2025

All India Trade Union Congress ]
(AITUC) Hawkers Union ]
Through its General Secretary ]
Syed Haider Imam ]
Having its office at, ]
Andheri Trade Union Centre, ]
Ghanshyam Patil Building, ]
S.V. Road, ]
Andheri(W), Mumbai - 58 ] ... Petitioner
V/s.
1. Municipal Corporation of Greater Mumbai ]
Through its Municipal Commissioner ]
Mahapalika Bhavan, Mahapalika Marg, ]
Mumbai - 400 014. ]

Town Vending Committee - MCGM ]
Municipal Corporation of Greater Mumbai ]
Through its Chairperson ]
Mahapalika Bhavan, Mahapalika Marg ]
Mumbai - 400 014. ]
Labour Commissioner, ]
Kamgar Bhavan, 4th Floor, C-20, E Block, ]
Opp. Reserve Bank, BKC, ]
Bandra(E), Mumbai - 51. ]
```
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State of Maharashtra, ]
Through the Principal Secretary, ]
Urban Development Department, ]
Mantralaya, Madam Cama Road, ]
Mantralaya, Madam Cama Road, ]
Hutatma Rajguru Square, ]
Nariman Point, Mumbai - 400 032. ]
Union of India ]
Through its State Mission Director ]
DAY - NULM, Maharashtra, ]
5th Floor, CIDCO Bhavan, ]
Sector 10, CBD Belapur, ]
Navi Mumbai - 400 614 ]
Union of India ]
Through the Secretary ]
Ministry of Housing and Urban Affairs ]
New Delhi - 110011 ] ... Respondents
WITH
WRIT PETITION (L.) NO. 7275 OF 2025
Maharashtra Hawker Sangh, ]
Mumbai, affiliated to ]
Bharathiya Mazdoor Sangh ]
Through its President, ]
Mangesh Malondkar, Indian ]
Inhabitant, Age : 46 Years ]
having Office at C/o BMS, Room No.25, ]
Ibrahim Mention, Dr. Babasaheb Ambedkar Road,]
Parel, Mumbai - 400 012. ]
```
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Mr. Subhash Chandra Bachale, ]
Indian Inhabitant, Age 42 Years, ]
residing at C/200, Lalita Building ]
Shivshakti Nagar, Nariman Point, Mumbai 21 ]
Workplace/area at Maha Kavi Bhushan ]
Marg, A Ward, Colaba, Mumbai 400 001. ]
Pradeep Asaram Phule ]
Indian Inhabitant, Age : 44 Years, ]
residing at Room No. TA-144, ]
Panchsheel Nagar, Laxman Mhatre Road ]
Borivali (W) Mumbai - 400 103 ]
Vinod Bhimrao Pakhare, ]
Indian Inhabitant, Age : 42 Years, ]
residing at Room No.7, Tilak Nagar, L.T. ]
Road, Babhai Naka, Borivali(W) ]
Mumbai - 400 092 ]
Sitaram Laxman Mane, ]
Indian Inhabitant, Age : 49 Years, ]
residing at Room No.210, Kurla Kadam ]
CHS, Kurla (E) Mumbai 31 ]
Workplace / area at Near Milk Booth No. ]
CTS/WA/45, Opp. Building No.40, Nehru ]
Nagar, Kurla (E), Mumbai 400 024 ] ... Petitioners
V/s.
Town Vending Committee, ]
Municipal Corporation of Greater Mumbai ]
Through its Chairperson, ]
```
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Mahapalika Bhavan, Mahapalika ]
Marg, Mumbai 400 014. ]

Municipal Corporation of Greater Mumbai ]
Through its Municipal Commissioner ]
Mahapalika Bhavan, Mahapalika ]
Marg, Mumbai 400 014. ]
State of Maharashtra ]
Through Principal Secretary ]
Urban Development Department ]
Mantralaya, Madam Cama Road ]
Hutatma Rajguru Square ]
Nariman Point, Mumbai 0 400 032. ]
Commissioner of Labour ]
Kamgar Bhavan, 4th Floor, C-20 E Block ]
Opp. Reserve Bank, BKC, Bandra (E) ]
Mumbai 400 051. ] ... Respondents
WITH
WRIT PETITION (L.) NO. 25070 OF 2024
Hawkers Joint Action Committee ]
Through its member Santosh Khatavkar ]
Having office at: 269, 2, near Roop Jeevan ]
Medical, Kopaikhairne, Navi Mumbai ]
400 709 ] ... Petitioner
V/s.
Town Vending Committee - MCGM ]
Municipal Corporation of Greater Mumbai ]
Through its Chairperson ]
```
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Mahapalika Bhavan, Mahapalika Marg ]
Mumbai - 400 014. ]

Municipal Corporation of Greater Mumbai ]
Through its Municipal Commissioner ]
Mahapalika Bhavan, Mahapalika Marg ]
Mumbai - 400 014. ]
State of Maharashtra, ]
Through the Principal Secretary, ]
Urban Development Department, ]
Mantralaya, Madam Cama Road, ]
Hutatma Rajguru Square, ]
Nariman Point, Mumbai - 400 032. ]
Commissioner of Labour ]
Kamgar Bhavan, 4th Floor, C-20, E Block, ]
Opp. Reserve Bank, BKC, Bandra (East), ]
Mumbai - 400 051. ] ... Respondents
```
                              WITH
                  WRIT PETITION NO. 727 OF 2025
                              WITH
          INTERIM APPLICATION (L) NO.8953 OF 2025
                              WITH
          INTERIM APPLICATION (L) NO.9689 OF 2025
```
Colaba Causeway Tourism ]
Hawkers Stall Union ]
Through its President ]
Mr. Mohammed Ismail G.R. Shaikh ]
```
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Having its registered office at: ]
Shalimar Building, 1st Floor, ]
Flat No. 118, Strand Cinema Road, ]
Colaba, Mumbai -- 400005. ] ... Petitioner
V/s.
1. State of Maharashtra through ]
Urban Development Dept. ]
Having its office at, Mantralaya, ]
Madam Cama Road, Mumbai - 400 032. ]

Brihanmumbai Municipal ]
Corporation, through the ]
The Municipal Commissioner, ]
Having its office at BMC Head Quarter, ]
Mahanagar Palika Marg, ]
Mumbai 400 001. ]
Assistant Commissioner- ]
A-Ward, having its office at ]
A-Ward BMC Building, Ground Floor, ]
134-E, Shahid Bhagat Singh Road, Fort, ]
Mumbai - 400 001. ]
Senior Inspector, ]
Encroachment Dept ]
Having its office at A-Ward BMC ]
Building, 3rd Floor, ]
134-E, Shahid Bhagat Singh Road, ]
Fort, Mumbai - 400 001. ]
```
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Senior Inspector, ]
License Department ]
Having its office at A-Ward BMC ]
Building, 5th Floor, ]
134-E, Shahid Bhagat Singh Road, ]
Fort, Mumbai - 400 001. ]
The Commissioner of ]
Police of Greater Mumbai ]
Having its office, D.N. Road, Opp. ]
Crawford Market, Mumbai - 400 001. ] ... Respondents
WITH
WRIT PETITION (L.) NO. 4024 OF 2025
Omprakash N. Mangalam ]
Aged about : 42 years old, Occ.: ]
Business, R/o. Bright Land Plaza, S.T. ]
Road, A/203, 2nd Floor, Nallasopara ]
(West), Mumbai - 401 203. ]
Imran Noor Mohd. Kapadia ]
Aged about: 36 years old, Occ.: ]
Business, R/o. 5, Fatimabai Chawl, ]
Khoja Galli, Nr. Star Bakery, Versova, ]
Andheri (West), Mumbai - 400 061. ]
Subhash Dukhi Khudbudh ]
Aged about: 50 years old, Occ.: ]
Business, R/o. Bright Land Plaza, S.T. ]
Road, A/204, 2nd Floor, Nallasopara, ]
(West), Mumbai - 401 203. ]
```
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Housabai Ramchandra Umre ]
Aged about: 75 years old, Occ.: ]
Business, R/o. Gumbha Road Municipal ]
Marathi School, Near Highway, ]
Jogeshwari (East), Mumbai - 400 060. ]
Parasnath S/o. Bechan Gupta ]
Aged about: 80 years old, Occ.: ]
Business, R/o. Yashwant Gaurav Nagar, ]
Sreenath Face-2, B/001, Nallasopara ]
(West), Mumbai 401 203. ]
Mahesh S/o. Kantilal Rupani ]
Aged about: 60 years old, Occ.: ]
Business, R/o A/102, Himalaya ]
Building, Near Panchmukhi Mandir, ]
Nalasopara (West), Mumbai 401 203. ]
Bilal Aboobakar ]
Aged about: 54 years old, Occ.: ]
Business, R/o. Gr. Floor 01, Asmita Haji ]
Hasan Apartment, Naya Nagar, Mira ]
Road (East), Near Al Shams Masjid, ]
Dist. Thane - 401 107. ]
Abdul Rashid ]
Aged about: 66 years old, Occ.: ]
Business, R/o. A/701, Sunshine Garden, ]
Bori Colony, Achole Road, Opp. St. ]
Josheph English High School, ]
```
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Nalasopara (East), Dist. Palghar - 401 209. ]

Mohmad Nafis Gulam ] Aged about: 61 years old, Occ. Business, ] E/63, Jija Mata Nagar, Dr. E Moses ] Road, Worli, Mumbai - 400 018. ] ... Petitioners V/s.
Town Vending Committee- MCGM ]
Municipal Corporation of Grater ]
Mumbai, Through its Chairperson / ]
Chairman, Mahapalika Bhavan, ]
Mahapalika Marg, Mumbai - 400 014. ]
Municipal Corporation of ]
Greater Mumbai, ]
Through its Municipal Commissioner, ]
Mahapalika Bhavan, Mahapalika Marg, ]
Mumbai - 400 014. ]
The State of Maharashtra ]
Through the Principal Secretary, Urban ]
Development Department, Mantralaya, ]
Madam Cama Road, Hutatma Rajguru ]
Chowk, Nariman Point, Mumbai - 400 032. ]
The Commissioner of Police ]
Office of the Commissioner of Police, ]
Having its office at Opp. Crawford ]
Market, Lokmanya Tilak Road, Dhobi ]
Talao, Chatrapati Shivaji Terminus Area, ]
Fort, Mumbai - 400 001. ]
```
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The Sr. Inspector of Police ]
Having its office at Mata Ramabai ]
Ambedkar Marg, Near Haj House, ]
Chatrapati Shivaji Terminus Area, Fort, ]
Mumbai - 400 001. ] ... Respondents
WITH
WRIT PETITION (L.) NO. 4022 OF 2025
Yusuf Hussain Mystry ]
Aged about: 79 years old, Occ.: ]
Business, R/o. Aagoshe Aman Bldg., 2nd ]
Floor, Room No.24, Nishan Pada Road, ]
Khadak Chinch Bunder, Mumbai - 400 009. ]
Shakeel Ahmed Shaikh ]
Aged about 59 years old, Occ.: ]
Business, R/o. Kadri Building, 3rd Floor, ]
Room No.6, Chimat Pada, Marol Naka, ]
Mumbai - 400 059. ]
Anil Kumar Jaiswal ]
Aged about: 47 years old, Occ.: ]
Business, R/o. Ganesh Murti Nagar, ]
Room No.B/38, Galli No.10, Prakash ]
Peth Marg, Colaba, Mumbai - 400 005. ]
Mohd. Naushad Khan ]
Aged about 45 years old, Occ.: ]
Business, R/o. 24 Floor-1 Plot-14/18, ]
Bori Chawl, Kamathipura, 13th Lane, ]
Mumbai Central, Mumbai - 400 008. ]
```
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Hakim Ashfaque Khan ]
Aged about: 48 years old, Occ.: ]
Business, R/o. 4 floor grd, Plot No/69, ]
N.S. Kabrastan Chawl, Mazgaon, Santi ]
Savita Marg, Below Rey Road Station, ]
Mumbai - 400 010. ]
V/s.
Town Vending Committee-MCGM ]
Municipal Corporation of Greater Mumbai, ]
Through its Chairperson / Chairman, ]
Mahapalika Bhavan, Mahapalika Marg, ]
Mumbai - 400 014. ]
Municipal Corporation of Greater ]
Mumbai, ]
Through its Municipal Commissioner, ]
Mahapalika Bhava, Mahapalika Marg, ]
Mumbai - 400 014. ]
The State of Maharashtra ]
Through the Principal Secretary, Urban ]
Development Department, Mantralaya, ]
Madam Cama Road, Hutatma Rajguru ]
Chowk, Nariman Point, Mumbai - 400 032. ]
The Commissioner of Police ]
Office of the Commissioner of Police, ]
Having its office at Opp. Crawford ]
Market, Lokmanya Tilak Road, Dhobi ]
Talao, Chatrapati Shivaji Terminus Area, ]
Fort, Mumbai - 400 001. ]
```
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The Sr. Inspector of Police ]
Having its office at Mata Ramabai ]
Ambedkar Marg, Near Haj House, ]
Chatrapati Shivaji Terminus Area, Fort, ]
Mumbai - 400 001. ] ... Respondents

Mr. Jamshed Mistry a/w. Mr. Dipesh Siroya, Amicus Curiae.
Mr. Punit Jain, Senior Advocate a/w. Adv. S. Khan for the Petitioner in
WP/29339/2024.
Ms. Gayatri Singh, Senior Advocate a/w. Mr. Khalik Rehman, Mr. Shantanu
Shetty for the Petitioners in WPL/3690/2025 and WPL/25070/2024.
Mr. Mihir Desai, Senior Advocate a/w. Mr. Kaustubh Gidh for the Petitioner
in WP/3700/2025.
Mr. Pradhuman Chauhan a/w. Adv. Ratiullah Shaikh, Mr. Zainab Shaikh for
the Petitioner in WP/727/2025.
Ms. Leela Malu for the Petitioner in WPL/7275/2025.
Mr. Prerak Choudhary a/w. Ms. Anisha Balse for the Applicant in
IAL/8953/2025 in WP/727/2025.
Ms. P.H. Kantharia, GP a/w. Ms. Apporva Tipsay 'B' Panel Counsel, Ms. Rita
Joshi, AGP for the Respondent-State in WPL/4022/2025.
Ms. P.H. Kantharia, GP a/w. Ms. Apporva Tipsay 'B' Panel Counsel, Mr.
Nishigandh Patil, AGP for the Respondent-State in WPL/4024/2025.
Mr. D.P. Singh for Respondent No.6-Union of India in WP/3700/2025.
Ms. P.H. Kantharia, GP a/w. Mr. Mohit Jadhav, Addl. GP for Respondent
Nos.1 to 6-State in WP/727/2025.
Ms. P.H. Kantharia, GP a/w. Mr. Jay Shanklecha 'B' Panel Counsel, Ms.
Madhura Deshmukh for Respondent No.3 & 4 - State in WPL/7275/2025.
Ms. P.H. Kantharia, GP a/w. Ms. Jyoti Chavan, Addl. G.P., Ms. Fatima
Lakdawala, AGP, for Respondent Nos.3 and 4-State in WP/3690/2025.
Ms. P.H. Kantharia, GP a/w. Mr. Amar Mishra, AGP for Respondent Nos.3 &
4 - State in WP/3700/2025.

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Mr. Mohit Jadhav, Addl. GP a/w. Mr. Vikrant Parshurami, AGP for
Respondent Nos.3 and 4-State in WPL/25070/2024.
Ms. P.H. Kantharia, GP a/w. Mr. Mohit Jadhav, AGP, for Respondent Nos.3 to
5-State in WPL/29339/2024.
Mr. Anil Singh, Senior Advocate a/w. Ms. Vaishali Ugale for the Respondent-
BMC in WPL/7275/2025 and WP/3690/2025.
Ms. Vaishali Ugale, for the Respondent-BMC in WPL/4022/2025 and
WPL/4024/2025.
Ms. Vaishali Ugale for the Respondent-BMC in WP/3700/2025 and
WPL/25070/2024.
Mr. Chaitanya Chavan a/w. Ms. Vaishali Ugale for the Respondent-BMC in
WPL/29339/2024 and WP/727/2025.
Mr. Sharad Ayare, Deputy Superintendent of License Officer of BMC,
present.
Mr. Anil Shewale, Assistant Superintendent of License Officer of BMC,
present.

                            CORAM : A. S. GADKARI AND
                                     KAMAL KHATA, JJ.
                       RESERVED ON : 11TH FEBRUARY 2026.
                   PRONOUNCED ON : 23RD MARCH 2026.

JUDGMENT: 1. The above mentioned Writ Petitions before us, inter alia seek

the following reliefs:

WRIT PETITION (L.) NO. 29339 OF 2024

(a) That this Hon'ble Court be pleased to issue an
appropriate writ of certiorari or any other writ order or
direction to quash and set-aside the elections conducted on
29.08.2024 for electing the representatives of the Street
Vendors on the Town Vending Committee (TVC) under Section 15/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

  22(2)(d) of the Act.

(b) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or directions to direct the Respondent No. 2 to
include in the electoral list all street vendors surveyed and
identified in July 2014 in terms of the judgment of this Hon'ble
Court in Azad Hawkers Union (supra), and also including
those who have been issued letter of recommendations under
PM SV Anidhi scheme and as mandated under letter dated 21 st
April 2022;

(c) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 2 to
conduct a fresh election with the all surveyed street vendors
and persons who were issued letter of recommendations or
surveyed by the MCGM while implementing the PM SV Anidhi
scheme forming prat of the electorate for the elections as per
letter dated 21st April 2022;

(d) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 4 to not
act in furtherance of the electoral list furnished submitted by
MCGM;

WRIT PETITION NO. 3690 OF 2025

(a) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 2 to
include in the electoral list all street vendors surveyed, and 16/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

  those who have been issued letter of recommendations under
  PM SV Anidhi scheme and as mandated under letter dated 21 st
  April 2022;

(b) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 2 to
conduct the elections with the all surveyed street vendors and
persons who were issued letter of recommendations or
surveyed by the MCGM while implementing the PM SV Anidhi
scheme forming part of the electorate for the elections as per
letter dated 21st April 2022;

(c) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 4 to not
act in furtherance of the electoral list furnished submitted by
MCGM;

WRIT PETITION NO.3700 OF 2025

(a) That this Hon'ble Court be pleased to issue a Writ of
Mandamus or any other Order, Writ or Direction in the nature
of Mandamus directing the direct the MCGM that while
conducting elections of Street Vendors to the TVC to follow the
instructions of the state as its letter dated 21 st April 2022 to
particularly to include all street vendors who have been issued
LoR by the MCGM for availing PM-SVAnidhi loans and all
those Street Vendors surveyed during 2014 Survey.

(b) That this Hon'ble Court be pleased to issue a Writ of
Mandamus or any other Order, Writ or Direction in the nature 17/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

  of Mandamus directing the TVC - MCGM to issue Vending
  Certificates to all Street Vendors whose names are reflected in
  the voter list prepared by the MCGM and those whose names
  should be included in the voting list for TVC elections.

(c) That this Hon'ble Court be pleased to issue a Writ of
Mandamus or any other Order, Writ or Direction in the nature
of Mandamus directing the Labour Commissioner not to
proceed with the voter list of Street Vendors issue.

WRIT PETITION (L.) NO.7275 OF 2025

(a) That this Hon'ble Court by appropriate Writ Order be
pleased to direct Respondent No. 2 to declare part result of
TVC, Mumbai election held on 29th August 2024 and after
declaration of election direct Respondent No.2 to 4 to
formulate the committee of respondent no. 1 at list upto
22,000/- street Vendors.

(b) That after formulating of TVC this Hon'ble Court by
appropriate order be pleased to direct the respondent no.1 to 4
issue certificate, License and place for their business to
Registered and existing street vendors as per survey list 2014.

WRIT PETITION (L) NO.25070 OF 2024

(a) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 2 to
include in the electoral list all street vendors / Hawkers
surveyed, and those who have been issued letter of
recommendations under PM SVAnidhi scheme and as 18/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

  mandated under letter dated 21st April 2022;

(b) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 2 to
include in the electoral list the names of the street vendors/
hawkers, who are members of the Petitioner Federation and
whose application for loan have been sanctioned under the
PM SVANidhi scheme being Debt Holders whose loan have
been sanctioned from the PM SVANidhi Scheme.

(c) That this Hon'ble Court be pleased to issue a writ of
Mandamus or writ in the nature of a Mandamus or any other
writ, order or direction to direct the Respondent No. 4 to not
act in furtherance of the electoral list furnished submitted by
MCGM;

WRIT PETITION NO.727 OF 2025

(a) This Hon'ble Court be pleased to issue a Writ of
mandamus or any other writ, order, or direction in the form of
Mandamus directing Respondent Nos. 1, 2, and 3 to take such
steps as may be necessary for the effective implementation of
the Street Vendors (Protection of Livelihood and Regulation of
Street Vending Act) 2014 Act, and to report compliance of the
same within a period of six months, including but not limited
of:

i. Set up/constitute a functional TVC and
direct the TVC to do all such acts as are required
to be done under the said Act, interalia of
publishing the Charter under Section 26 of the
Act, issuing certificates of vending to all eligible 19/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

                     hawkers/vendors;

ii. Frame a scheme in due consultation with
the Local Authority and the TVC, in terms of Section 38 of the Act;
iii. Prepare a Plan to promote the vocation of street vendors, in terms of Section 21 of the Act;

(b) This Hon'ble Court be pleased to issue a Writ of
Certiorari or any other writ, order, or direction in the nature of
a Writ of Certiorari, calling for the records pertaining to the
Eligibility list and after perusing the same, be pleased to quash
and set aside the same and to thereafter direct Respondent
Nos. 2 and 3, to after following the due process of law, prepare
a fresh list of eligibility;

(c) In the alternative to prayer clause (b), this Hon'ble Court
be pleased to add the names of the hawkers and vendors being
represented by the Petitioner, whose names have not been
included in the eligibility list, a list whereof is annexed as
Exhibit "M";

(d) This Hon'ble Court be pleased to restrain the
Respondents or any persons acting on behalf of the
Respondents from taking any coercive action, interalia
conducting eviction raids, confiscating goods, imposing fines,
against the hawkers /vendors being represented by the
Petitioner;

WRIT PETITION NO.4024 OF 2025

(a) That this Hon'ble Court may kindly be pleased to issue a
writ of mandamus or a writ in the nature of the mandamus or
any other writ, order or direction thereby directing the 20/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

respondent nos. 01 and 02 to start the process thereby calling
the Petitioners and to include them in the electrical list of all
street vendors/ hawkers thereby conducting the survey as per
the recommendations under PM AtmaNirbhar Scheme (PM
SWANidhi) at Annexure 'H' (Colly.) pursuant to the letter dtd.
21.04.2022 at Annexure 'L' (Colly.) under The street Vendors
(Protection of Livelihood and Regulation of Street Vending)
Act, 2014 r/w. The street Vendors (Protection of Livelihood
and Regulation of Street Vending) Rules, 2016;

(b) That this Hon'ble Court may kindly be pleased to issue a
writ of mandamus or a writ in the nature of the mandamus or
any other writ, order or direction thereby directing the
respondent nos. 01 and 02 to issue them certificates under PM
AtmaNirbhar Scheme (PM SWANidhi) at Annexure 'H' (Colly.)
pursuant to the letter dtd. 21.04.2022 at Annexure 'L' (Colly.)
under The street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014 r/w. The street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Rules, 2016 and allow them to conduct the business
in the area which they are having their street vending;

(c) That this Hon'ble Court may kindly be pleased to
restrain the respondent nos. 01 and 02 that the Petitioners
who are conducting the business on the streets under PM
AtmaNirbhar Scheme (PM SWANidhi) at Annexure 'H' (Colly.)
pursuant to the letter dtd. 21.04.2022 at Annexure 'L' (Colly.)
under The street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014 r/w. The street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Rules, 2016 with the help of the respondent nos. 04 21/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

  and 05;

(d) That this Hon'ble Court may kindly be pleased to stay
the effect and operation of illegal raids conducted by the
respondent nos. 01 and 02 on the street vendors i/e. the
Petitioners with the help of the respondent nos. 04 and 05 still
the disposal of this petition under The Street Vendors
(Protections of Livelihood and Regulation of Street Vending)
Act, 2014 r/w. The street Vendors (Protection of Livelihood
and Regulation of Street Vending)Rules, 2016;

WRIT PETITION NO.4022 OF 2025

(a) That this Hon'ble Court may kindly be pleased to issue
a writ of mandamus or a writ in the nature of the mandamus
or any other writ, order or direction thereby directing the
respondent nos. 01 and 02 to start the process thereby calling
the Petitioners and to include them in the electrical list of all
street vendors hawkers thereby conducting the survey as per
the recommendations under PM AtmaNirbhar Scheme (PM
SWANidhi) at Annexure 'L' (Colly.) pursuant to the letter dtd.
21.04.2022 at Annexure 'P' (Colly.) under The street Vendors
(Protection of Livelihood and Regulation of Street Vending)
Act, 2014 r/w. The street Vendors (Protection of Livelihood
and Regulation of Street Vending) Rules, 2016;

(b) That this Hon'ble Court may kindly be pleased to issue
a writ of mandamus or a writ in the nature of the mandamus
or any other writ, order or direction thereby directing the
respondent nos. 01 and 02 to issue them certificates under
PM AtmaNirbhar Scheme (PM SWANidhi) at Annexure 'L'
(Colly.) pursuant to the letter dtd. 21.04.2022 at Annexure 22/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

   'P' (Colly.) under The street [Vendors (Protection of
   Livelihood and Regulation of Street Vending) Act, 2014](https://indiankanoon.org/doc/188964539/) r/w.
   The Street Vendors (Protection of Livelihood and Regulation
   of Street Vending) Rules, 2016 and allow them to conduct
   the business in the area which they are having their street
   vending;

(c) That this Hon'ble Court may kindly be pleased to
restrain the respondent nos. 01 and 02 that the Petitioners
who are conducting the business on the streets under PM
AtmaNirbhar Scheme (PM SWANidhi) at Annexure 'L'
(Colly.) pursuant to the letter dtd. 21.04.2022 at Annexure
'P' (Colly.) under The street Vendors (Protection of
Livelihood and Regulation of Street Vending) Act, 2014 r/w.
The street Vendors (Protection of Livelihood and Regulation
of Street Vending) Rules, 2016 with the help of the
respondent nos.04 and 05;

(d) That this Hon'ble Court may kindly be pleased to stay
the effect and operation of illegal raids conducted by the
respondent nos. 01 and 02 on the street vendors i.e. the
Petitioners with the help of the respondent nos. 04 and 05
still the disposal of this petition under The street Vendors
(Protection of Livelihood and Regulation of Street Vending)
Act, 2014 r/w. The street Vendors (Protection of Livelihood
and Regulation of Street Vending) Rules, 2016;

As seen above, once again, through a series of Petitions, the

Petitioners have assailed the Registered Voters' List and the Elections

conducted on 29th August 2024 for electing representatives of street 23/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

vendors to the Town Vending Committee ("TVC") under Section 22(2)(d) of

the Street Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 ("the Street Vendors Act "). They also seek a Writ of

Mandamus directing Respondent No.2 to include in the electoral roll of all

street vendors who were surveyed and identified in July 2014 pursuant to

the judgment of this Court in Azad Hawkers Union v/s. Union of India &

Ors. dated 3rd November 2017 in Writ Petition No.652 of 2017 and other

connected Petitions.

Brief facts:

The Petitioners are various Unions of street vendors or groups

of licensed street vendors.

Respondent No.1 is the TVC constituted by Respondent No.2,

which is required to be established and formed in accordance with [Section

22](https://indiankanoon.org/doc/115686221/) of the Street Vendors Act. Respondent No.2 is the Brihanmumbai

Municipal Corporation ("BMC"), the Authority vested with the power and

duty, inter alia, of publishing the list of registered street vendors under Rule

15 of the Maharashtra Street Vendors (Protection of Livelihood and

Regulation of Street Vending) Rules, 2016 ("the 2016 Rules").

The Petitioners challenge the Expression of Interest ("EOI")

issued for conducting elections pursuant to a public notice of the BMC,

contending that the same was issued without following the procedure

prescribed under Rule 15 of the 2016 Rules. According to the Petitioners, 24/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

the elections held on 29th August 2024 were conducted on the basis of a

defective voter list, which is neither in conformity with the [Street Vendors

Act](https://indiankanoon.org/doc/188964539/) nor the 2016 Rules, nor with the directions issued by this Court in [Azad

Hawkers Union vs. Union of India & Ors.](https://indiankanoon.org/doc/178123601/) in Writ Petition No. 652 of 2017

reported in 2017 SCC OnLine Bom 10261 along with PIL No.98 of 2016,

particularly the Order dated 1st November 2017. It is their case that the

electoral roll comprised only 32,000 hawkers, whereas 99,435 hawkers had

been accepted by the BMC following a survey conducted in July 2014,

pursuant to which 1,28,443 applications were received.

The said list of 99,435 vendors was approved by this Court, as

recorded in the Order dated 1st November 2017 and clarified by Order

dated 3rd November 2017. It is therefore submitted that the electoral roll of

existing street vendors could not have been reduced to 32,000.

Mr. Punit Jain learned Senior Counsel appearing for the

Petitioners submits that, the Respondent No.2 has failed to comply with the

mandate of Rules 14 and 15 of the 2016 Rules. He contends that the Rules

require publication of a preliminary voter list inviting objections, followed

by publication of a final list after disposal of such objections. He submits

that, elections must necessarily be conducted based on the finalized list. In

the present case, no preliminary list was published and no objections were

invited. The elections were instead conducted on what he describes as a

self-serving, defective and biased voter list, rendering the entire process 25/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

illegal and liable to be set aside.

15.1. He further submits that, the voter list ought to have included

not only the 99,435 street vendors identified and accepted by the BMC in

2014 and noted in this Court's Order, but also 29,008 applications which

were pending verification. He submits that, the 2014 list was prepared

after a comprehensive door-to-door survey conducted across all 24 wards of

the BMC, supported by document verification and biometric registration of

applicants.

15.2. Additionally, it is contended that the list ought to have included

street vendors to whom Letters of Recommendation ("LORs") were issued

while implementing the PM SVANidhi Scheme pursuant to the survey

directed under the letter dated 21 st April 2022 issued by the National Urban

Livelihoods Mission (NULM). According to the Petitioners, apart from the

99,435 vendors identified in 2014, as many as 1,98,241 street vendors were

issued LORs under the PM SVANidhi Scheme and were therefore entitled to

inclusion in the electoral roll.

15.3. It is further submitted that, the elections held on 29th August

2024 were conducted pursuant to a statement made by the BMC that

elections for the street vendor constituency would be completed by the end

of August, but without complying with Rule 15 of the 2016 Rules. It is

alleged that, the BMC overlooked the mandatory statutory procedure and

conducted elections based on a voter list comprising only erstwhile licensed 26/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

hawkers.

15.4. In support of these contentions, reliance is placed on the

following decisions:

(i) Bombay Hawkers Union vs. Bombay Municipal Corporation reported in (1985) 3 SCC 528.

(ii) Olga Tellis vs. Bombay Municipal Corporation reported in (1985)

3 SCC 545.
([iii) Maharashtra Ekta Hawkers Union vs. Municipal Corporation of

    Greater Mumbai](https://indiankanoon.org/doc/159884908/) reported in (2004) 1 SCC 625.

([iv) Maharashtra Ekta Hawkers Union vs. Municipal Corporation of

    Greater Mumbai](https://indiankanoon.org/doc/159884908/) reported in (2009) 17 SCC 151.

([v) Maharashtra Ekta Hawkers Union vs. Municipal Corporation of

    Greater Mumbai](https://indiankanoon.org/doc/159884908/) reported in 2013 (6) Bom.C.R.481.

(vi) Shri Vile Parle Kelvani Mandal vs. MCGM in Writ Petition No.224

    of 2011 with Public Interest Litigation No.36 of 2010 decided on 23 rd

    October 2015.

15.5. In view of the above, Mr. Jain ultimately confines his

submissions to the contention that the BMC ought to have conducted the

elections based on the list of 99,435 vendors and not 32,000. He further

submitted that the election process was vitiated for non-compliance with

Rules 14 and 15 of the 2016 Rules. It is also contended that, the stipulated

period of three months was not adhered to, as the relevant letter was issued 27/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

on 15th June 2024 and the elections were conducted on 29th August 2024.

Ms. Gayatri Singh Sr. Advocate, Mr. Mihir Desai Sr. Advocate

and Mr. Ankit Lohia supported the submissions advanced by Mr. Jain and

reiterated that, the elections conducted on the basis of a truncated voter list

of 32,000 are liable to be set aside and that fresh elections ought to be

conducted on the basis of the accepted list of 99,435 street vendors.

Mr. Anil Singh, learned Assistant Solicitor General, appearing

for the BMC set out chronologically the case of the BMC as follows:

National Policy Framework (2009)

17.1. In 2009, the National Policy on Urban Street Vendors, 2009

("2009 National Hawkers Policy") was issued. The Policy recognized the

vital role played by street vendors in the urban economy and provided a

mechanism for their registration, enabling them to carry on hawking

activities in a regulated manner. The relevant Rule of the 2009 National

Hawkers Policy is reproduced hereinbelow for ready reference:

"4.5.4 Registration System for Street Vending
A system of registration of vendors/hawkers and non-discretionary
regulation of their access to public spaces in accordance with the
standards of planning and the nature of trade/service should be
adopted. This system is described in greater detail below.

a) Photo Census of Vendors:

The Municipal Authority, in consultation with the TVC should
undertake a comprehensive, digitalized photo census / survey / GIS
Mapping of the existing stationary vendors with the assistance of 28/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

professional organizations/experts for the purpose of granting them
lease to vend from specific places within the holding capacity of the
vending zones concerned.

b) Registration of Vendors:

The power to register vendors would be vested with the TVC. Only
those who give an undertaking that they will personally run the
vending stall/spot and have no other means of livelihood will be
entitled for registration. A person will be entitled to receive a
registration document for only one vending spot for him/her (and
family). He/she will not have the right to either rent or lease out or
sell that spot to another person.

c) New Entrants:

Those left out in the photo census or wishes to take up street vending
for the first time will also have a right to apply for registration as
vendors provided they give a statement on oath that they do not have
any other means of livelihood and will be personally operating from
the vending spot, with help from family members.

d) Identity Cards:

Upon registration, the concerned Municipal Authority would issue an
Identity Card with Vendor Code Number, Vendor Name, Category of
Vendor etc. in writing to the street vendor, through the TVC
concerned containing the following information:
(i) Vendor Code No.

(ii) Name, Address and photograph of the Vendor;

(iii) Name of any one Nominee from the family and/or a
family helper; 29/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

    (iv)              Nature of Business;

    (v)               Category (Stationary/Mobile); and

    (vi)              If Stationary, the Vending Location.

Children below 14 years would not be included in the Identity Card
for conduct of business.

e) Registration Fee:

All vendors in each city/town should be registered at a nominal fee to
be decided by the Municipal Authority concerned based on the photo
census or any other reliable means of identification such as the use of
biometric techniques.
f) Registration Process:

    i)          The registration process must be simple and expeditious. All

declarations, oath, etc. may be on the basis of self-declaration.

ii) There should preferably be no numerical restriction or quotas
for registration, or prior residential status requirements of any kind.

iii) Registration should be renewed after every three years.
However, a vendor who has rented out or sold his spot to another
person will not be entitled to seek re-registration.

iv) There may be an "on the spot" temporary registration process
on renewable basis, in order to allow the street vendors to
immediately start their earnings as the registration process and issue
of I-card etc. may take time."

Judicial Mandate - Maharashtra Ekta Hawkers Union (2013)

17.2. In Maharashtra Ekta Hawkers Union v. MCGM , (supra) the

Hon'ble Supreme Court observed that, until a statutory enactment 30/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

governing street vendor was brought into force, the 2009 National Hawkers

Policy was required to be implemented. The Court specifically directed that

the registration process contemplated under the Policy be carried out.

(Paras 15 and 16)

Constitution of Provisional TVC (25.03.2014)

17.3. Pursuant to the directions of the Supreme Court, a provisional

Town Vending Committee ("TVC") comprising 30 members from various

sections of society was constituted on 25.03.2014. (Ref: Additional

Affidavit, Page 437, Para 35 @ Pages 439-441)

Enactment of the Street Vendors Act (01.05.2014)

17.4. The Street Vendors Act came into force on 01.05.2014.

Survey Conducted in July-August 2014

17.5. On 07.07.2014, the provisional TVC finalised a date-wise

procedure for conducting the survey.

17.6. On 16.07.2014, a detailed SOP was circulated to all ward

officers.

17.7. Between 18.07.2014 and 13.08.2014, MCGM conducted a

ward-wise survey through designated teams, collecting and retaining

supporting documents in each ward.

17.8. During this exercise:

(i) 1,28,443 applications were distributed.
(ii) 99,435 applications were received. (Ref: Affidavit dated 31/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

                      21.09.2015 in PIL (L) No.105 of 2015)

Judicial Protection

17.9. In Vile Parle Kelvani Mandal v. MCGM, (supra) this Hon'ble

Court directed inter alia:

(i) Vendors existing as on 01.05.2014 are entitled to protection

under Section 3(3) of the Street Vendors Act.

(ii) No such vendor shall be evicted or relocated until a survey

under Section 3(1) is conducted and Certificates of Vending

issued under Section 4(1).

(iii) Vendors commencing business after 01.05.2014 are liable

to eviction.

(iv) The State Government was directed to indicate timelines for

framing the Scheme (Section 38), Rules (Section 36), and

constitution of TVC.
Rules and Government Resolutions (2016-2017)

17.10. On 03.08.2016, Rules under Section 36 were promulgated,

prescribing the procedure for elections to the TVC.

On 09.01.2017:

(i) A Government Resolution was issued constituting the

TVC (without elected vendor representatives) to enable

a survey under Section 3(1).
(ii) A Scheme under Section 38 was issued, laying down 32/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc
parameters for registration and eligibility.
Azad Hawkers Union Judgment (01.11.2017)

17.11. In Azad Hawkers Union v. Union of India (supra) decided

along with PIL No.98 of 2016, this Court inter alia held that,

(i) The 2014 survey conducted under the 2009 Policy would

                    be treated as the first survey under [Section 3(1)](https://indiankanoon.org/doc/82713500/) of the

                    Street Vendors Act

(ii) Elections under Section 22(2)(d) were to be conducted

                    based on that survey.

(iii) Out of 1,28,443 applications distributed, 99,435 were

                    found acceptable, and 29,008 were expected to be

                    eligible.

(iv) Only vendors found eligible in the survey would form

                    the electorate.

(v) Rule 15 was upheld, permitting objections to

                    inclusion/exclusion in the voters' list.

(vi) The Scheme and GR dated 09.01.2017 were set aside.

(vii) Hawkers' rights must be balanced against pedestrian

                    rights.

(viii) A clarificatory Order dated 03.11.2017 reiterated the

                    above figures.

33/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 :::

sns 1-oswpl-29339-2024+.doc

Scrutiny and Preparation of Voters' List (2018-2023)

17.12. 24.11.2017: Decision to scrutinize 99,435 applications.

(i) 05.05.2018: Proposal laid down eligibility parameters,

                    including proof of vending prior to 01.05.2014.

(ii) 30.05.2018: Circular issued to all wards prescribing

                    scrutiny criteria.

(iii) 2019: First list displayed.

(iv) 2021: List of 15,361 eligible voters published online.

(v) Rule 15 mandates publication of the voters' list at least

                    three months before elections, with objections to be filed

                    at least one month prior. Notably, no objections were

                    raised at that stage.

Revised Eligibility (Post 06.11.2021)

17.13. Upon deletion of the domicile criterion (as directed by the

State Government), 6,686 additional applicants were declared eligible.

Thus:

(i) Total eligible voters: 22,047

            (ii)    Licensed MCGM vendors inherently eligible: 10,360 (iii)   Aggregate electorate: 32,407 (Finally 32,415)

Election Process (2023-2024)

17.14. 07.06.2023: TVC approved voters' list.

(i) 16.06.2023: Public notice issued inviting objections. 34/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 :::

sns 1-oswpl-29339-2024+.doc

            (ii)    103 objections received; 8 accepted. (iii)   21.11.2023: Final additions approved.

(iv) 24.11.2023: Final list submitted to Labour

                    Commissioner.

(v) 04.01.2024: 8 Assistant Labour Commissioners

                    appointed as Election Officers.

(vi) 29.07.2024: Election programme notified (05.08.2024-

                    29.08.2024).

Judicial Proceedings During Election Process
17.15. 01.08.2024: In PIL No.1 of 2023, this Court declined to

interfere with the ongoing election process and directed finalization of the

Scheme under Section 38.

(i) 08.08.2024: Stay refused in Janwadi Hawkers Sabha v.

TVC.

(ii) 28.08.2024: The Hon'ble Supreme Court permitted

                    elections to proceed but directed that results shall not be

                    declared without its leave.

(iii) 29.08.2024: Elections conducted.

17.16. Mr. Anil Singh submitted that, the eligible voters' list

comprising 32,415 vendors has been prepared strictly in accordance with 35/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

the governing statutory and judicial framework. He submitted that;

(i) the list is founded upon the survey conducted in 2014, which has

been treated as the first survey under [Section 3(1)](https://indiankanoon.org/doc/82713500/) of the 2014 Act;

(ii) the preparation of the voters list is in conformity with Rule 15 of

the Street Vendors (Protection of Livelihood and Regulation of Street

Vending) Rules, 2016;

(iii) the exercise has been undertaken in compliance with the

directions issued in [Azad Hawkers Union](https://indiankanoon.org/doc/178123601/) (supra) and keeping in mind

the 2009 Policy;

(iv) due publication of the provisional list was effected and objections

were invited and considered in accordance with law; issuance of notice

by the authority on 29th July 2024 could not be construed as breach of

Rule 15 of the [Street Vendors Act](https://indiankanoon.org/doc/188964539/).

(v) the electorate consists exclusively of those vendors who have

been found eligible pursuant to a process recognised and validated by

judicial orders; and

(vi) upon constitution of the Town Vending Committee, it is the TVC

which must be consulted by the State Government while framing the

Scheme under [Section 38](https://indiankanoon.org/doc/128139194/) of the Act, including the parameters

governing the issuance of Certificates of Vending. 36/56::: Uploaded on - 23/03/2026                  ::: Downloaded on - 24/03/2026 20:33:49 :::

sns 1-oswpl-29339-2024+.doc

17.17. In support of his contentions, he placed reliance upon the

following judgments:

i) Chandrakant v State Election Commission, Through the Chief

Election Commissioner and others reported in 2024 SCC OnLine

Bom 3372.

ii) Swami Krishnanand Govindanand v M D Oswal Hosiery (Regd)

reported in 2002 3 SCC 39.

[iii) Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari

Dugdha Utpadak Sanstha and Anr. vs State of Maharashtra & Ors](https://indiankanoon.org/doc/757046/).
reported in 2002 8 SCC 509.

17.18. In view of the above, he submitted that the State be permitted

to complete the process and form the TVC so as to implement the [Street

Vendors Act](https://indiankanoon.org/doc/188964539/).

We have heard learned Counsels for all parties at great length

and have given our thoughtful and anxious consideration to the issues

raised.

Conclusions

The Petitioners raise the following two main objections:

(i) That the elections held on 29th August 2024 were

conducted on the basis of an electoral list comprising 37/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

approximately 32,000 hawkers, whereas, pursuant to the July

2014 survey conducted by the Corporation, 1,28,443

applications were issued and 99,435 were accepted and

protected by Orders of this Court in Azad Hawkers Union dated

1st November 2017 & 3rd November 2017.

(ii) That the procedure prescribed under Rule 15 of the 2016

Rules was not followed, in as much as a preliminary voters' list

was required to be published, objections invited and decided,

and thereafter a finalised voters' list published.
20. The principal question that arises for determination is whether

the BMC was justified in scrutinizing the list of 99,435 hawkers found

eligible, particularly when learned Senior Counsel had earlier stated before

the Court that, as per their own survey, these hawkers were eligible.

Since 1985, the Supreme Court decision in Olga Tellis v BMC

reported in 1985 3 SCC 545, Courts have repeatedly expressed concern

regarding the persistent difficulties faced both by hawkers/street vendors

and by citizens at large. Despite successive guidelines and directions issued

by the Hon'ble Supreme Court as well as this Court, the situation continues

to cause undue hardship to all the concerned.

Nearly nine years have elapsed since the judgment in [Azad

Hawkers Union & Ors. v. Union of India](https://indiankanoon.org/doc/178123601/), (supra) where the Court 38/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

evocatively posed the question--what comes first, the chicken or the egg?

Regrettably, the dilemma endures. There is still neither a duly constituted

Town Vending Committee (TVC) nor a Scheme as contemplated by the Street Vendors Act. Both street vendors and elected representatives appear

equally intent on securing positions in the TVC, yet the statutory framework

remains incomplete.

In our view there is a larger issue, on the one hand, street

vendors continue to face serious hardship owing to the absence of a fully

implemented statutory policy; on the other hand, citizens are confronted

with equally, if not more, pressing difficulties arising from the unchecked

proliferation of hawking activities, which have in several areas resulted in

obstruction of public streets and footpaths. So grave has been the situation

that this Court, in the year 2022, while hearing the Petition in Pankaj

Kumar H Agarwal v State of Maharashtra (Writ Petition No. 31751 of 2022)

was constrained to initiate Suo Motu writ proceedings upon receiving

complaints from various quarters.

The process appears to have become entangled in

considerations of money, power, and politics rather than governance. More

importantly, litigation at every stage has led to inordinate delay in

implementation of the Act. Each procedural step has consumed substantial

time, effort, and public resources. Although over eight years have been 39/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

spent in constituting the TVCs, neither the TVC is formed nor the Scheme

mandated under the Act is framed. The continued delay in implementing

the Act has resulted in persistent hardship to citizens as well as vendors.

The conundrum must therefore be resolved without further delay.

We are aware that the path we adopt is not free from difficulty

and carries certain sensitivities. However, having regard to the prevailing

circumstances and the pressing need to operationalize the statutory

framework, no further delay in completion of the process can be

countenanced.

Insofar as the first objection pertaining to the voters' list is

concerned, the contention that eligibility to hawk ipso facto confers a right

to vote is misconceived. The protection extended to 99,435 hawkers did not

obviate the requirement of scrutiny of their individual applications, nor did

it dispense with the obligation to submit requisite documentation for

inclusion in the voters' list. The BMC was duty-bound to implement the

2009 National Hawkers Policy. In paragraph No.35, in the case of [Azad

Hawkers Union](https://indiankanoon.org/doc/178123601/) (supra), while referring to the judgment in Maharashtra

Ekta Hawkers Union (2013), the Court observed that until appropriate

legislation was enacted and brought into force, it would be apposite for the

Court to direct that the 2009 Policy be implemented throughout the

country, and that the directions contained therein would remain operative. 40/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 :::

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Mr. Anil Singh submitted and rightly so, that there can be no

two views regarding the State's obligation to adhere to the 2009 Policy

while scrutinizing applications. He invited our attention as an illustration to

one of such application which had been rejected for want of requisite

documents and particulars. Upon perusal of the said application, we find

that the rejection was absolutely right and justified. The State/BMC cannot

be faulted for declining incomplete or deficient applications. The scanned

copy of the form has been placed on record for ready reference. Further, the

publication of the voters' list on 16th June 2023 afforded the Petitioners

adequate time and opportunity to raise objections and ventilate their

grievances, including by approaching this Court, as they have now done.

In view of the aforesaid, we are unable to accept the

Petitioners' submission that this Court had "approved" the voters' list of

99,435 hawkers. A plain reading of the earlier judgment makes it clear that

these persons were found eligible to hawk; it does not follow that they

thereby acquired an automatic or vested right to be enrolled as voters for

the purpose of casting votes in the elections to the TVC.

Regarding the second objection about compliance of Rule 15.

The same is extracted herein below for ready reference:

"Rule 15: Voter's list.-- (1) The Municipal Commissioner or the
Chief Officer, as the case may be, shall publish the voters list of 41/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

registered street vendors three months before the scheduled date of
election. The suggestions or objections shall be called within fifteen
days and shall be decided by the Municipal Commissioner or the
Chief Officer as the case may be, one month before the scheduled
date of election. For purpose of election of street vendors to the Town
Vending Committee, the list of registered street vendors so finalised
shall be the voters list.

(2) The Municipal Commissioner or the Chief Officer, as the case may
be, shall provide the final voters list of registered street vendors to
the Labour Commissioner for the purpose of electing representatives
amongst the registered street vendors.
30. The record indicates that after this Court's judgement on 1 st

November 2017 in Azad Hawker, in the meeting held on 24th November

2017, it was noted that the 2014 survey would be scrutinized as required

under the 2009 Policy. Upon scrutiny, the first list of eligible voters was

displayed on the website in 2019 and updated in 2021. No

contemporaneous objections regarding non-inclusion of remaining voters

were raised. Following deletion of the domicile criterion by the State in

November 2021, the list was updated by inclusion of 6,686 applicants,

bringing the total to 22,047, in addition to 10,360 licensed voters. A public

notice dated 16th June 2023 invited objections between 15th June and

14th July 2023. Of the 103 objections received, only 8 were found eligible

for inclusion.

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On 21st November 2023, after final additions were approved, a

final list was submitted to the Labour Commissioner on 24 th November

It was on 29 th July 2024 that the Election programme was notified to

be held between 5th August 2024 to 29th August 2024. It is only at this stage

on 1st August 2024 the Petitioners filed PIL No. 1 of 2023 seeking relief to

stay the ongoing election process. Upon this Court's refusal to stay the

process, the Petitioners challenged the Order before the Hon'ble Supreme

Court who permitted elections to proceed but directed withholding of

results without its leave.

Evidently, there was considerable time available before the

scheduled date of election process between 5th August 2024 and 29th August

2024 and the publication of voters list in and around 16 th June 2023. The

intent of Rule 15 that is succinctly set out in paragraph 69 of the [Azad

Hawkers](https://indiankanoon.org/doc/178123601/) (supra) is reproduced as under:

"It could thus be seen that, under the said Rules, Municipal
Commissioner or Chief Officer is required to publish voter's
list of registered voters three months before the scheduled
date of election. The suggestions and objections are required
to be called within 15 days and they are further required to
be decided by the Municipal Commissioner/Chief Officer, one
month before the scheduled date of elections. It could
therefore be seen that, if any of the street vendors, who finds
that though this name was entitled to be included in the
registered voters' list and it was not included, he could raise
an objection to that effect, which the authorities under the
rules would be bound to consider."

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Having regard to the purport and object of the Rule, it would

be wholly imprudent to hold that merely because the elections were

scheduled beyond a period of three months from the publication of voters

list, the publication itself would stand rendered redundant or nugatory. This

delay, in fact, operated to the advantage of the Petitioners and has caused

no prejudice whatsoever to their interest. The record clearly reflects that

despite a lapse of nearly one year, the Petitioners failed to take any effective

or diligent steps during the said period.

In our considered view, even assuming that certain infirmities

subsist in the present voters' list, the Petitioners are not rendered

remediless. In paragraph 65 of Azad Hawkers, the Court has expressly

observed that a fresh survey may be undertaken even prior to the expiry of

five years. The said paragraph is reproduced hereinbelow for ready

reference:

"65. The procedure that we propose to direct with regard to
conducting the first survey under sub-section (2) of section 3 of the said Act and first elections to TVCs, in our view, takes
care of giving effect to the legislative intention of having
participation of representatives of vendors at every stage. If
the survey is conducted by the TVCs constituted under 2009
policy and elections are held to elect the members under
Clause (d) of subsection (2) of section 22 from the registered
voters, the duly constituted TVCs under the said Act can
discharge their duties which we have already enumerated
hereinabove. Needless to state that if the duly constituted
TVCs having elected representatives from the street vendors
category, find that fresh survey is required to be conducted,
there is no embargo under the statute. The only requirement 44/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

under sub-section (1) of section 3 is that the subsequent
survey is required to be carried out at least once in every five
years. However, there is no prohibition for conducting a fresh
survey, prior to such period of five years if duly constituted
TVCs find it necessary."
35. Viewed from a broader perspective, it is imperative that the

statutory scheme be brought to its logical conclusion. Nearly twelve years

have elapsed since the enactment of the Street Vendors Act and more than

eight years since the judgment of this Court in 2017 in Azad Hawkers Union (supra).

35.1. After perusing record, we find that the election held on 29 th

August, 2024 were and are as per the mandate of law and requires no

interference by this Court. Balancing the competing equities and in the

interest of justice, we find it appropriate to uphold the elections and allow

the statutory framework to be operationalized in its true spirit. Any

temporary prejudice that may be apprehended can adequately be addressed

by directing that, upon constitution of the TVC, a fresh survey be

undertaken to consider inclusion of eligible hawkers, including those who

commenced vending after 1st May 2014.

35.2. To set aside the entire process of election at this juncture would

only prolong the administrative vacuum for at least another three years, as

submitted by the learned AGP, Smt. Kantharia. 45/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 :::

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It is indeed paradoxical that, while extending the benefit of the Street Vendors Act to the vendors by setting aside the Government

Resolution dated 9th January 2017, which had enabled local Authorities to

constitute the TVCs and deal with allied matters, the Court simultaneously

permitted the vendors to elect their representatives to the TVC. That well-

intentioned step, however, appears to have led to unintended consequences.

The elections have repeatedly been challenged from time to time on diverse

grounds, as is evident from the record. As a result, the TVCs have yet to be

constituted and consequently, the Street Vendors Act has remained

unimplemented for over twelve years. This state of affairs cannot be

permitted to continue any further.

Learned Advocate appearing in Writ Petition No. 7275 of 2025

informed this Court that, the State is presently confronted with the serious

issue of illegal immigrants from Bangladesh, many of whom are allegedly

engaged in hawking activities. It is submitted that their presence not only

poses a concern for local residents but is also a source of daily friction even

with local vendors and hawkers. According to the learned Advocate, despite

complaints addressed to the BMC and the concerned Police Authorities, no

effective action has been taken. Such a grievance, if borne out, is indeed a

matter of grave concern and warrants immediate attention not only by the

concerned authorities but also by this Court, which is seized of this matter. 46/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 :::

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It would be thoroughly imprudent and insensitive for the Court to ignore

the prevailing hazards and the consequences of inaction, allowing the issue

to fester until it ultimately confronts the State with far graver

consequences.

The prevailing situation, as brought to our notice, is deeply

disconcerting. Citizens are increasingly confronted with serious and

recurring impediments in their daily lives, inter alia, as under:

i) Pedestrians are unable to use footpaths, which remain encroached

upon, compelling them to walk on the carriageways and thereby

exposing themselves to risk;

ii) Women, children and senior citizens bear the brunt of such

conditions and are placed in constant danger;

iii) Senior citizens and persons with disabilities find it virtually

impossible to step out of their homes with safety and dignity;

iv) Overcrowded areas with high footfall create situations where

instances of inappropriate physical contact, particularly affecting

women, are reported, with little practical recourse in such

circumstances;

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v) Residents experience difficulty in accessing buildings abutting public

roads and, upon raising complaints, are allegedly subjected to threats

and intimidation;

vi) Emergency services, including fire brigades and ambulances, are

unable to reach residential societies owing to the occupation of narrow

lanes by vendors;

vii) Shop owners, who have invested substantial resources in their

establishments, find their entrances and display windows obstructed,

rendering their premises virtually invisible to passers-by and adversely

affecting their livelihood;

viii) In certain areas, incidents of physical assault have been reported

and in some cases, danger to the life has also been alleged. It has further

been brought to our notice that during the pendency of the present Peti-
tion, Mr. Atul Vora, an elderly citizen who had raised grievances regard-

ing hawkers and encroachments, was brutally assaulted and faced hospi-

talization for a considerable period;

ix) Designated parking spaces are rendered inaccessible;

x) Exits from railway platforms are severely congested, causing grave

inconvenience and potential safety hazards; 48/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 :::

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xi) Areas surrounding railway stations stand heavily encroached upon,

impeding both pedestrian movement and vehicular passage;

xii) Commuters are compelled to spend inordinate amounts of time

reaching their homes due to choked and obstructed streets; and

xiii) It has also been alleged that what begins as temporary hawking

gradually transforms into the erection of unauthorised permanent

structures, followed by claims for regularisation or compensation from

the State under the guise of development or rehabilitation.

38.1. The cumulative effect of the above is a substantial erosion of

the rights of citizens to free movement, safety and an orderly civic life. It is

also pertinent to note that, during the pendency of the present Petition,

even the limited directions issued by this Court to maintain twenty

designated areas free from hawkers posed a considerable challenge to the

State machinery. Officers of the BMC, while carrying out enforcement

drives in compliance with our orders, were required to be provided with

police protection, underscoring the gravity and sensitivity of the situation at

the ground level.

In this backdrop, the prompt constitution of the Town Vending

Committee admits of no further delay. The voters' list can always be revis-

ited, scrutinized and updated once the TVC is duly constituted. It cannot be 49/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

said that the vendors are left unrepresented under the statutory scheme.

The provisions of the Street Vendors Act and the Rules framed thereunder

must receive a purposive construction; an unduly pedantic or hyper-techni-

cal approach would only defeat the object of the legislation.

In our considered view, any further delay in the

implementation of the Act would prove detrimental not only to the

Petitioners but equally to the citizens at large, who continue to endure

persistent and daily hardship on account of the non-implementation of the

statutory framework.

Permitting the 99,435 vendors to participate in the first

constitution of the TVC, despite the rejection of their eligibility and

documentation upon scrutiny, would create an anomalous and untenable

situation for the State and give rise to avoidable complications. Such a

course would not only dilute the mandate of the 2009 Policy, which this

Court has consistently directed to be adhered to, but would also disrupt the

ongoing electoral process and potentially set it back by several years.

The inevitable consequence of such delay would be that

citizens continue to bear the brunt of the prevailing situation, where, as

reported, 3,26,604 hawkers are operating across the city, leading to

widespread congestion and civic disorder. Until the statutory process is duly

completed and the regulatory framework effectively implemented, the 50/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

hardship to the public at large would only stand prolonged.

We also cannot lose sight of the substantial public expenditure

already incurred in conducting the present electoral exercise. The BMC has

been divided into eight zones for the purpose of these elections and the

administrative machinery has been fully mobilised. To stall the process at

this advanced stage would only increase the financial burden on the public

exchequer and further delay the long-awaited implementation of the

statutory scheme.

We find that no procedural illegality or violation of principles

of natural justice has been demonstrated. The elections held on 29 th August,

2024 were and are conducted in acordance with 2009 guidelines and the

Rules framed under the Act and, in our view, do not warrant any

interference by this Court.

The contention that 99,435 hawkers, who were only prima

facie found eligible - without the verification as contemplated under the

2009 guidelines, ought to be treated as voters and thereby determine the

composition of the TVC cannot be accepted. The TVC itself may consist of

probably 30 members or more, of whom 40% are to be representatives of

hawkers and vendors, which would translate to no more than a few dozen

or so members. In such circumstances, the question of which particular

individuals form part of the electorate or secure representation cannot be 51/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

permitted to derail the entire election process and consequently, the

implementation of the Act.

No further time, effort, or public resources ought to be

expended on this exercise, as doing so would only delay and ultimately

defeat the very purpose for which the Act was enacted. We cannot lose

sight of the fact that the primary objective is to protect and regulate the

rights of hawkers and vendors as a class, and not to determine which

among them will constitute the first TVC.

It must also be borne in mind that this is neither the first nor

the final exercise. Once constituted, the TVC itself will be required to

undertake the statutory functions entrusted to it under the Act, beginning

with the survey and other consequential steps contemplated therein.

In our view, the concern raised by the Petitioners, though it

may presently stand deferred, cannot be said to be denied.

We note the submission of Smt. Kantharia that although the

process has taken approximately three years to reach fruition, a total of 280

Town Vending Committees have now been notified across the State. She

further points out that Nagpur has emerged as a pioneer in the effective

implementation of the statutory scheme.

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In view of the above, we pass the following Order :-

(i) The voters' list for the elections held on 29 th August, 2024 has
been prepared following the statutory procedure under the
2009 policy and judicial directions stand validated;

(ii) The elections have been conducted in accordance with the
provisions of the law and the Rules framed thereunder, and
therefore do not warrant any interference by this Court.

(iii) The elections conducted on 29.08.2024 pursuant to Section
22(2)(d) of the Street Vendors Act are held to be valid. The
TVC shall take all necessary steps to implement the Street
Vendors Act, in its true letter and spirit.

(iv) Accordingly, no interference is warranted either with the
eligible voters' list or with the elections conducted pursuant
thereto.

(v) The results of elections conducted on 29/8/2024 be declared
immediately.

(vi) The BMC is directed to permit 99,435 persons who are found
eligible to hawk strictly in accordance with the guidelines laid
down in various judgements. The balance 29,008 also to be
verified preferably within a period of four months from the
date of this Order and also be permitted to hawk on specified
pitches or areas only.

(vii) No other hawkers, other than 99,435 already found eligible
and those who may be found eligible from the remaining
29,008 shall be permitted to carry on hawking activities only if 53/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc

they strictly adhere to the guidelines framed. All others shall be
removed forthwith.

(viii) The BMC shall undertake a comprehensive inspection and
scrutiny of all temporary stalls (mobile or on vehicle(s) or
stationery) as well as permanent stalls, in whatever form or
guise they may exist, situated on the roads or footpath,
whether they do or they do not obstruct pedestrians or
vehicular movement, within the City.

(ix) The BMC and the Police shall immediately undertake a
thorough verification of the identity of all persons, including
those alleged to be Bangladeshis or other non-Indian nationals,
who operate stalls or carry on vending or hawking activities, or
work as assistants or helpers to such stall holders, vendors or
hawkers.

(x) In the event any person is found to be an illegal immigrant,
appropriate action shall be taken in accordance with law,
including steps for repatriation by the competent Authorities.

(xi) It is clarified that any failure to undertake the necessary action
in this regard shall entail personal liability on the part of all the
concerned Officers.
51. The above mentioned Petitions are disposed off in the aforesaid

terms.

In view of the disposal of Writ Petition No.727 of 2025, Interim

Application (L) No.8953 of 2025 and Interim Application No.9689 of 2025

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Before we part, we deem it appropriate to record our deep

appreciation for the invaluable assistance rendered by the learned amicus

curiae, Mr. Jamshed Mistry. The matter involved complex questions of

statutory interpretation and competing public interests. Mr. Mistry has

assisted the Court with remarkable clarity, fairness and erudition. His

submissions were balanced, research-oriented and of considerable

assistance in enabling the Court to arrive at a just and workable conclusion.

We place on record our appreciation for the time and effort devoted by him

in the discharge of his responsibilities as amicus curiae.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

At this stage, Mr. Gidh, learned Advocate for Petitioner(s) in

WP No. 3700 of 2025, WP(L) No. 25070 of 2024 and WP No. 3690 of 2025,

submitted that, ad-interim relief which was granted earlier may be

continued for a period of two weeks from today, so as to enable the said

Petitioner(s) to test the correctness of the present Judgment before the

Hon'ble Supreme Court.

As we have recorded in the foregoing paragraphs of the

Judgment that, it is on account of to the continuous legal proceedings

adopted by the various Petitioner(s), the implementation of the Street 55/56::: Uploaded on - 23/03/2026 ::: Downloaded on - 24/03/2026 20:33:49 ::: sns 1-oswpl-29339-2024+.doc [Vendors (Protection of Livelihood and Regulation of Street Vending) Act,

2014](https://indiankanoon.org/doc/188964539/), has not been effectuated till date. It is a matter of record that, even

after lapse of over eight years, after passing of the Judgment in [Azad

Hawkers](https://indiankanoon.org/doc/178123601/) (supra), the guidelines and/or directions issued by the Courts in

various Judgments remain un-complied with.

55.1. In view thereof, we are not inclined to stay the operation or

implementation of the present Judgment.