Section 33. Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything in consistent there in contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Judgements applying section 33
THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/417/2026 ASIT KUMAR SAHA AND ORS VS THE STATE OF WEST BENGAL AND ORS BEFORE: The Hon’ble JUSTICE PARTHA SARATHI CHATTERJEE Date:7th September, 2026 Appearance: Mr
DisposedOpenThe Court dismissed pleas for quashing eviction notices against street vendors on National Highways. It directed petitioners to apply for permission under the Control of National Highways Act, holding that vending there requires specific highway authority approval rather than general vending laws.
DisposedOpenSanjay Nirupam and 4 Ors. Vs State of Maharashtra and 2 Ors.
Public Interest LitigationOutcome: Judgement& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT
Public Interest LitigationJudgementOpen& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT
JudgementOpen& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT
JudgementOpenStreet-vending regulation required first surveys and elections through committees under the 2009 Policy. The court partly allowed the petitions, upheld Rule 15, rejected unrestricted hawking, preserved existing non-hawking zones, and quashed the resolution permitting committees without vendor representation.
AllowedOpen
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Navi Mumbai Hawkers and Workers and Anr.. Vs the State of Maharashtra , through Principal Secretary and Ors.
Outcome: AllowedStreet-vending regulation required transitional surveys and elections without displacing existing non-hawking zones. The Court partly allowed the petitions, upheld Rule 15, quashed the resolution permitting committees without vendor representatives, and treated the government's scheme only as general guidance.
AllowedOpenTaparidharak and Feriwala Kalyankari Sanstha, Kalamboli through Its President Shri. Atmaram N. Pati Vs the State of Maharashtra and Ors.
Outcome: Allowed& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.652 OF 2017 1] Azad Hawkers Union ] Having its office at Room No.11 ] Chintamani CHSL Sambaji Nagar ]
AllowedOpen& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.652 OF 2017 1] Azad Hawkers Union ] Having its office at Room No.11 ] Chintamani CHSL Sambaji Nagar ]
AllowedOpenSavitribai Phule Vyavasaik Kalyankari Saunstha Vs Panvel Municipal Corporation and Ors.
Outcome: Allowed& PIL/98/2016 with connected matters BDPPS IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.652 OF 2017 1] Azad Hawkers Union ] Having its office at Room No.11 ] Chintamani CHSL Sambaji Nagar ]
AllowedOpen