This order disposed of multiple writ petitions concerning hawking regulation. The court relied on a Supreme Court directive preventing other courts from interpreting the ongoing scheme and accordingly found no further directions were necessary.
No further directions were necessary; petitions were disposed of in view of the Supreme Court order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
WRIT PETITION NO.1820 OF 2004 WITH
WRIT PETITION NOS.2070, 2071, 2094, 2096, 2097, 2117 & 2030/2004
W. P. No.1820/2004 : Shri Mustaq Ahmed Subanalli & Ors.
...Petitioners.
Vs. Municipal Corporation of Greater Mumbai & Anr. ...Respondents.
Mrs. Neeta Karnik for the Petitioners. Ms. Priti Purandare for the Respondents.
W. P. No.2070/2004 : Fashion Market Seva Mandal.
...Petitioner.
Vs.
Brihan Mumbai Municipal Corporation & Ors. ...Respondents.
Mr.Anand Grover i/b.Prakash Mahadik for the Petitioner. Ms. Priti Purandare for the Respondents. Mr. R. J. Mane, A. G. P. for the State.
W. P. No.2071/2004 : Adarsha Stall Holders Association. ...Petitioner.
Vs.
Brihan Mumbai Municipal Corporation & Ors. ...Respondents.
Mr.Anand Grover i/b.Prakash Mahadik for the Petitioner. Ms. Priti Purandare for the Respondents. Mr. A. Sayed, A. G. P. for the State.
W. P. No.2094/2004 :
Mukesh Advani & Ors..
...Petitioners.
Vs.
Brihan Mumbai Municipal Corporation & Ors. ...Respondents.
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Mr.Anand Grover i/b.Prakash Mahadik for the Petitioner. Ms. Priti Purandare for the Respondents. Mr. A. Sayed, A. G. P. for the State.
W. P. No.2096/2004 :
Sainath Trust Stall Holders Association & Anr. ...Petitioners. Vs. Brihan Mumbai Municipal Corporation & Ors. ...Respondents.
Mr.Anand Grover i/b.Prakash Mahadik for the Petitioner. Ms. Priti Purandare for the Respondents. Mr. A. Sayed, A. G. P. for the State.
W. P. No.2097/2004 : Brihan Mumbai Oos-Va-Ras Vikreta Sagathan & Anr.
...Petitioners.
Vs. Brihan Mumbai Municipal Corporation & Ors. ...Respondents.
Mr.Anand Grover i/b.Prakash Mahadik for the Petitioner. Ms. Priti Purandare for the Respondents. Mr. A. Sayed, A. G. P. for the State.
W. P. No.2117/2004 : Nehru Vegetable Market Seller Association. ...Petitioner. Vs. Brihan Mumbai Municipal Corporation & Ors. ...Respondents.
Mr.Anand Grover i/b.Prakash Mahadik for the Petitioner. Ms. Priti Purandare for the Respondents. Mr. A. Sayed, A. G. P. for the State.
W.P. No.2030/2004: Rajnikant A.Mehta & Ors. ...Petitioners
Vs.
Brihan Mumbai Mun.Corporation & Ors. ...Respondents Mr. S.Mahabaleshwar i/b. R.Todankar for the Petitioners.
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Ms. Priti Purandare for Respondent Nos.1 and 2. Mr.A. Sayed, A. G. P. for Respondent No.3.
CORAM : DALVEER BHANDARI,C.J. & DR.D.Y.CHANDRACHUD, J.
August 12, 2004.
P.C.:
The Learned Counsel for the parties have drawn our
attention to the order of the Supreme Court, dated 30th July 2004 passed in Civil Appeal Nos.4156-4157 of 2002 (Maharashtra Ekta Hawkers Union & Anr. Vs. Municipal Corporation, Greater Mumbai & Ors.). In this order, the Supreme Court has observed thus:
“We were also informed that one other party had also obtained an order from some other Court in Mumbai. We, therefore, feel it necessary to clarify that this Court is framing a scheme for hawking. Thus only this Court will hereinafter deal with this aspect. No other Court shall either interpret orders of this Court or pass any orders contrary to the orders of this Court. If any clarifications are required they must be obtained from this Court. Also
if any party feels aggrieved by the effect of an order of
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this court, then the remedy of that party will be to approach this Court for a clarification or variation.”
In view of the aforementioned order of the Supreme
Court, no further directions are necessary in these petitions. These petitions are accordingly disposed of.
CHIEF JUSTICE
DR.D.Y.CHANDRACHUD, J.
Colour shows how this judgement treated each authority
Maharashtra Ekta Hawkers Union & Anr. Vs. Municipal Corporation, Greater Mumbai & Ors.Referred¶43
Civil Appeal Nos.4156-4157 of 2002
[(2004)]Referred
Mustaq Ahmed Subanalli & Ors.
Municipal Corporation of Greater Mumbai
Fashion Market Seva Mandal
Brihan Mumbai Municipal Corporation
Adarsha Stall Holders Association
Nehru Vegetable Market Seller Association
Dalveer Bhandari
D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
