Mrs. Yasmeen S. Patel vs The Municipal Corporation Of ...
2022 Latest Caselaw 4606 Bom

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         CIVIL APPELLATE JURISDICTION

        APPEAL FROM ORDER NO. 885 OF 2019
                     WITH
        CIVIL APPLICATION NO. 1059 OF 2019
                     WITH
        APPEAL FROM ORDER NO. 923 OF 2019
                     WITH
        CIVIL APPLICATION NO. 1095 OF 2019
                     WITH
        APPEAL FROM ORDER NO. 924 OF 2019
                     WITH
        CIVIL APPLICATION NO. 1096 OF 2019
                     WITH
        APPEAL FROM ORDER NO. 993 OF 2019
                     WITH
        CIVIL APPLICATION NO. 1164 OF 2019
                     WITH
        APPEAL FROM ORDER NO. 913 OF 2019
                     WITH
        APPEAL FROM ORDER NO. 914 OF 2019
                     WITH
        CIVIL APPLICATION NO. 1086 OF 2019
                     WITH
        APPEAL FROM ORDER NO. 979 OF 2019
                     WITH
        CIVIL APPLICATION NO. 1153 OF 2019


Mrs. Yasmeen S. Patel & Ors.       ...Appellants
                                   (Orig.Plff)
     V/s.
The Municipal Corporation
of Greater Mumbai and Ors.         ... Respondents
                                   (Orig.Defs.)


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                                          ...

Mr. Jagdish N. Jayale, Advocate for the appellant.

Mr. Ravindra Y. Sirsikar, Advocate for the respondent.

CORAM : SANDEEP K. SHINDE J.

DATE : FRIDAY, 29TH APRIL, 2022.

P.C. :

1. In the case of Azad Hawkers Union V/s. Union of India, the Division Bench of this Court, has issued several directions. Direction-(xii) reads as under :

"(xii) It is further directed that in view of the direction issued by the Hon'ble Supreme Court in 2004 Ekta Judgment, which is duly reiterated by the Hon'ble Supreme Court in 2009 Ekta Judgment, no hawking would be permitted within 100 metres from any place of worship, holy shrine, educational institutions and hospitals or within 150 metres from any municipal or other markets or from any railway station. It is also directed that no hawking would be permitted on footbridges and overbridges."

2. Pursuant to the directions vide, notice dated 1st January, 2019 the appellant was called upon to shift his stall which was falling within 150 meters from the railway station

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within 48 hours. The notice states that, alternative place was allotted to the petitioner beyond 150 metres from the Railway Station. Learned Counsel appearing for the appellant submits that, alternate place i.e. pitch no.3 was pre-occupied, by someone else and therefore, appellant could not shift his stall to the alternate place. Mr. Sirsikar, learned Counsel for the Corporation, on instructions from the Officer, present in the Court submits that, appellant would be accommodated in the hawking zone, within four weeks from today. Statement is accepted. Stand over to 17th June, 2022 to verify the compliance of the order.

NEETA
SHAILESH                                              (SANDEEP K. SHINDE, J.)
SAWANT
Digitally signed by
NEETA SHAILESH
SAWANT
Date: 2022.04.30
15:28:52 +0530




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