| An architect from Andheri who sought the definition of a 'legal hawker' through an RTI query found various Brihanmumbai Municipal Corporation (BMC) departments are like the proverbial blind men trying to figure out the shape of an elephant.
Jagdeep Desai had also wanted to know what action the civic body is taking against illegal hawkers. But the confusing replies he got from different departments illustrate how clueless they are, and how lightly the BMC is treating the menace.
The Superintendent of Licence chose not to answer the query, stating that "the matter is sub-judice". D/Ward and K/West Ward authorities replied that a hawker is a "person who sells goods kept on his head moving around the street or road, and a legal hawker is one who has a licence under Section 313 (A) (B) of the Mumbai Municipal Corporation Act". S/Ward requested Desai to collect required information/documents on payment of necessary charges from respective senior inspector (encroachment) of the ward while B/Ward and E/Ward replied that "the necessary information has already been furnished to you by the Superintendent of Licence".
Desai is perplexed that while one BMC official did not answer the RTI query citing legal obligations, others replied readily. "This is a complete contradiction. It seems that the information is being held back on purpose, because they have an issue with the definition of a legal hawker. Otherwise, all the replies to questions I raised in my application should have been the same," Desai says.
Desai's other questions pertain to definition of hawking and non-hawking zones and city areas earmarked accordingly. He also asked whether hawkers are allowed to squat in public spaces and build temporary or permanent structures, and the remedial measures, rules and regulations as per the MMC Act under which action is to be taken against illegal hawkers.
"One of my questions was that when there is a clear directive not to allow cooking on the roads, what is the BMC doing about this activity? How and why are permanent structures built on roads and footpaths in the non-hawking zone, road junctions and corners, putting pedestrians at risk and obstructing traffic? What is the BMC doing about it? Do you think a reply saying the matter is sub-judice is sufficient for these questions?" asks Desai.
Here too, only the D ward and K/West ward made the effort to reply, while the rest remained content with the 'sub-judice' excuse.
Both wards said that roads where hawkers can operate, as declared by the Supreme Court, are hawking zones and those where hawkers cannot carry out business are non-hawking zones. Both wards emphasised that cooking is not allowed on roads and the encroachment department takes action against offenders.
The reply from L Ward, too, stated that to implement Section 61 (O) of the MMC Act, encroachment removal staff acts against unauthorised hawkers at the ward level in morning and evening shifts.
"If someone sends the same set of RTI queries to all 24 wards in the city, he will definitely get 24 replies, which may be vague and some of no consequence," says an aggrieved Desai.
RTI activist Krishnaraj Rao feels that there is no co-ordination between the public information officers (PIOs) of BMC, nor are they trained or have a helpdesk to handle RTI queries.
"This gives rise to situations like the one Desai faced. There is an urgent need for PIOs to be trained. But some officials may have made deliberate attempts to dispose of the RTI query quickly, giving lame reasons or replies," Rao said.
Meanwhile, S Amberkar, Superintendent of Licences, BMC, has agreed "to review the application all over again". "We can give whatever information or clarification is needed," Amberkar said.
Some questions
• State the definition of a hawker as per Supreme Court rules.
• What is the definition of 'legal' and 'illegal' hawker and how many such are operating in Mumbai?
• What is the definition of hawking and non-hawking zones, and which are the areas in Mumbai earmarked for them?
• When there is a clear directive not to allow cooking on the roads, what is the BMC doing about this activity?
• How and why are there permanent structures on roads and footpaths in non-hawking zones and at road junctions and corners, causing danger to pedestrians and obstructing traffic? |
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