Vile Parle Kelvani Mandal vs Municipal Corporation of Greater Mumbai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Bom) 1866

A.S.OKA, REVATI MOHITE DERE
Vile Parle Kelvani Mandal – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent

Advocates:
Advocate Appeared:
WP NO.224 OF 2011
Mr. V.A. Thorat, Senior Counsel a/w Mrs. Prachi Tatake and Ms. Manorama Mohanty a/w Mr. Satish Srivastava & Co. for Petitioners
Mr. A.Y. Sakhare, Senior Counsel a/w Ms. Trupti Puranik, for Respondent – Mumbai Municipal Corporation
Mr. J.S. Saluja, AGP, for Respondent – State of Maharashtra
Mr. Suresh K. Mali a/w Mr. Vishnu Choudhari, for the Respondent No.6.
Mr. M.M. Vashi, Senior Counsel a/w Mr. A.A. Siddiqui i/by A.A. Siddiqui & Associates, for the Respondent Nos.7 and 8
PIL NO.36 OF 2015 AND CHSW NO.23 OF 2015 A/W CHSW/57 OF 2015
Mr. Bhagwanji Raiyani, Second Petitioner in person
Mr. A.Y. Sakhare, Senior Counsel a/w Ms. Trupti Puranik, for Respondent – Mumbai Municipal Corporation
Mr. J.S. Saluja, AGP for Respondent – State of Maharashtra
Mr. Suresh K. Mali a/w Mr. Vishnu Choudhari for Applicant in Chamber Summons No.57 of 2015.Mr. Makarand Kale a/w Aasif Siddiqui, for Respondent Nos.7 and 8 and for Applicant in Chamber Summons No.23 of 2015

JUDGMENT :

A.S. OKA, J.

In these two Petitions, the grievance is regarding the failure of the Mumbai Municipal Corporation to take action against illegal hawking.

FACTS OF PIL NO.36 OF 2010

2. PIL No.36 of 2010 has been filed by the second Petitioner appearing in person who is the President of the first Petitioner along with one Shri Dattaram Kumkar. This Petition has been filed inviting the attention of the Court to the illegal hawking activities on the Gulmohar Road which connects to S.V. Road and Juhu Tara Road and Versova Road through Link Road which is a 100 feet wide extremely busy road. It is pointed out that on a 600 meter stretch of the said road between the Mithibai College-NMIMS College junction to the Cooper Hospital junction, there are large number of educational institutions in which about 25,000 students are studying. It is pointed out that on this road, there is a large vehicular traffic and pedestrian movement as well. Apart from the educational institutions and the Cooper Hospital, it is predominantly a residential locality in which there are large number of residential buildings.

3. It is pointed out that thousands of people using Gulmohar road have to suffer traffic

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2015 Supreme(Bom) 1866

A.S.OKA, REVATI MOHITE DEREVile Parle Kelvani Mandal – AppellantVersusMunicipal Corporation of Greater Mumbai – Respondent

Cases Referred (1)

A.S.OKA, REVATI MOHITE DERE
Vile Parle Kelvani Mandal – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent