Colaba residents will file an intervention application to challenge a stay by the Supreme Court on the eviction of 253 hawkers from Colaba Causeway.

The apex court had ordered the stay on January 27 after the hawkers, represented by the Colaba Causeway Tourism Hawkers Stall Union, filed a Special Leave Petition against the dismissal of their contempt petition by the Bombay High Court on December 12, 2024.

The hawkers had argued that the Bombay High Court order dismissing their petition against their eviction by the Brihanmumbai Municipal Corporation was 'ex facie erroneous and cryptic' and passed without considering that the Street Vendors (Protection of Livelihood and Regulation of Street Vendors) Act, 2014, implemented by the central government in May 2014, was not notified by the state government.

The hawkers said that the eviction raids by municipal teams violate their fundamental right to livelihood. They have said that they have been managing the stalls since the 1970s.

While the hawkers union represents 253 stall owners along 2.3 kilometres of Colaba Causeway (Shahid Bhagat Singh Road), Colaba residents estimated the numbers to be more. 

Advocate Prerak Choudhary, a resident of Colaba who represents the Clean Heritage Colaba Residents Association (CHCRA) said that they are in the process of filing the intervention application against the stay on the eviction of the hawkers. Colaba residents said the stay on the eviction of hawkers was passed without hearing them out.

"Pavements are meant for people to walk. Unfortunately, our footpaths have become shopping markets because of increased hawking activities. With due respect to the right of earning livelihood of all street vendors, there has to be some reasonable restriction upon such right. Street vendors cannot, by any stretch of the imagination, claim a right to put up stalls on pavements and obstruct free ingress and egress of pedestrians," said Chaudhary.

He added that the Bombay High Court has passed commendable orders in this regard and Colaba residents feel it is necessary for them to place the views of pedestrians and citizens in general, and that of Colaba residents in particular, before the apex court. 

"Therefore, given that the hawkers have moved the Supreme Court, we shall file our intervention in the apex court and seek an audience so that local residents are also heard while deciding this issue which affects the rights of citizens to free use of pavements," said Chaudhary.

The matter is listed for further hearing on March 3.