High Court allowed Public Interest Litigation directing Municipal Corporation of Greater Mumbai to take prompt action to remove illegal hawking encroachments from non-hawking zones in Kamathipura area.
Petitioners allowed to make exhaustive representation to MCGM; Authority directed to remove encroachments with promptness.
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101-PIL-60-2023
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 60 OF 2023
Dharma Rajaram Vallakati & Ors. .. Petitioners
Versus
The State of Maharashtra & Ors. .. Respondents
Mr. S. M. Seegarla for petitioners. Mr. Manish Upadhye, AGP for respondent nos.1 & 5. Mr. Sagar Patil for respondent nos. 2 to 4.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
DATE: 21st DECEMBER, 2023
P.C.:
1. On our request Mr. Sagar Patil, learned counsel, accepts notice for respondent nos.2, 3 and 4, whereas learned AGP accepts notice for respondent nos.1 and 5.
2. The instant PIL petition has been filed seeking direction to the competent authority of Municipal Corporation of Greater Mumbai (MCGM) for taking action in respect of removal of the alleged illegal encroachments on the pathways and pavements etc. by hawkers on S.P. Road from 1st Lane to 16th Lane.
3. The grievance of the petitioners, who are residents of the area, is that hawkers have encroached upon the ground floor premises, especially in the 9th , 10th and 11th Lanes of Kamathipura area, which causes several difficulties not only to the pedestrians but to the residents of the area as well.
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101-PIL-60-2023
4. It is stated in the PIL petition that petitioners have been making complaints to the authorities of the Corporation continuously since the year 2018, however, nothing concrete has been done till date to remove the encroachments from the pavements and the hawkers are still operating, though the lanes are non-hawking zone.
5. Having regard to the nature of grievance raised in this PIL petition, we permit the petitioners to make an exhaustive representation/complaint to the appropriate authority of the MCGM within a fortnight from today taking all the pleas which may be available to the petitioners and enclosing therewith all the documents on which the petitioners intend to rely.
6. Once any such representation/complaint is made to the appropriate authority of the MCGM, it shall take action for removal of unauthorized hawkers and other encroachments from the pavements in the area as described in the PIL petition. The action on the representation to be preferred by the petitioners under this order shall be taken by the authority concerned with promptness.
7. With the aforesaid observations and directions, the PIL petition stands disposed of.
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
Digitally signed by PRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2023.12.21 17:47:52 +0530
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Dharma Rajaram Vallakati & Ors.
The State of Maharashtra
Devendra Kumar Upadhyaya
Arif S. Doctor
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
