The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to find a spot on Fashion Street to relocate a hawker.
The directions came during the hearing of a petition filed by Yasin Sheikh who was turned down by the BMC when he sought permission to sell pre-cooked food near the Bombay Stock Exchange.
Division bench of Justices PB Majmudar and RM Sawant said, “If five star hotels are allowed to function till 3am then this poor man cannot be allowed to sell popcorn or sandwiches?”
The BMC filed a reply before the court stating that it denied permission to Sheikh as rules do not allow them to give licenses to new shops and Sheikh cannot sell pre-cooked food. BMC counsel Preeti Purandhare argued, “We have to look at the policy in totality and one exception cannot be made or else it will open a floodgate.”
The bench then asked Sheikh if he would want to relocate to Fashion Street instead. The court directed the BMC to find a spot at Fashion Street and relocate Sheikh there by Thursday.
Sheikh used to sell garments at Fashion Street but on May 5, 2009, the licensing authority shifted him to Nagindas street. After finding it difficult to run the garment business, Sheikh applied for change of license. However, the corporation denied him permission on the grounds that no stall-owner is allowed to cook food on the road.
