2017 Supreme(Bom) 1640
B.R.GAVAI, M.S.KARNIK
Azad Hawkers Union – Appellant
Versus
Union of India, Through Ministry of HSG & Urban Poverty Alleviation – Respondent
Advocates Appeared:
For the Petitioners:Vishal Kanade, Divya Shah, Harsh Trivedi i/b Divya Shah & Co, Priyanka Kothari along with Usha Chandrashekhar i/by Suvarna Joshi, Ram U. Singh, Firdaus Moosa i/by Prakash Mahadik, M.M. Vashi, Senior counsel along with Aparna Deokar I/by M/s. M. P. Vashi and Associates, Susmit Phatale along with Chinmaya Acharya , Jaswandi, Khatu, S.S. Redkar, Induprakash K. Tripathi along with Bhagyashri Gawas i/b C.K. Tripathi, Ajay Tripathi along with Sachin Rawool, Satish Talekar along with Vinod P. Sangvikar, Madhavi Ayyapan i/by M/s. Talekar & Associates, Gayatri Singh, Senior Counsel along Kranti L.C. a/w Sangram L. Chinnappa, Ronita Bhattacharya, Neeta Karnik, Gayatri Singh, Senior Advocate a/w Sangram Chinnappa i/by Kranti L.C., Avinash R. Belge, Neeta Karnik, Advocates.
For the Respondents:Jaydeep Deo, Anil Sakhare, Senior Counsel along with Joel Carlos, Rohan S. Mirpury, Raviraj S. Shinde, Vandana Mahadik, K.H. Mastakar,Ms. Sheetal Mane, Pallavi Thakkar, Sagar Patil, Yamuna Parekh, Vandana Mahadik, K.H. Mastakar, Sheetal Mane, Pallavi Thakkar , Sagar Patil, Yamuna Parekh, Sanjeev Sawant, Ram S. Apte, Senior Counsel, J. Reis, Senior Counsel, Joel Carlos along with Rohan Mirpuri, Raviraj Shinde, N.R. Bubna, Shivani Kande, K.P. Shah, Sarang S. Aradhye, Sandip V. Marne, R.S. Apte, Senior Advocate i/by N.R. Bubna, Advocates, K.H. Mastakar, Sheetal Mane, A.A. Kumbhakoni, Advocate General along with Abhay L. Patki, Geeta Shastri, Abhay Patki, Milind More, H.S. Venegavkar, Addl. Government Pleaders, P.H. Kantharia, Government Pleader along with Deepali Patankar-Honorary, Assistant to Government Pleader, U.S. Upadhyay, Rajiv J. Mane, Jyoti Chavan, Sukanta Karmakar, Mohit P. Jadhav, Hemant Haryan, Kedar Dighe, Dushyant Kumar, M.A. Sayed, Himanshu Takke, Kunal Bhanage, Shyamrao B. Gore, L.T. Satelkar, Amar Mishra, Amit Shastri, Manish Upadhye, Uma Palsuledesai, G.W. Mattos, Kaushal Trivedi, Kavita N. Solunke, Kavita N. Solunke, Kavita N. Solunke, Kavita N. Solunke, AGPs.
JUDGMENT :
B.R. GAVAI, J.
1. Rule. Rule is made returnable forthwith. Respondents waive service. Heard, by consent of the parties.
2. All these Petitions are either by the Associations of Hawkers or Hawkers in their individual capacity, from various parts of the State, within the territorial jurisdiction of Principal Seat of this Court, including the City of Greater Mumbai. The Petitioners have initially approached this Court seeking various reliefs, including the relief to restrain all Municipal Commissioners and Chief Officers and local authorities all over Maharashtra from evicting, imposing fines and harassing the existing street vendors as on 01/05/2014 from the places/sites where they are carrying vending profession as street vendors.
3. Petitioners have thereafter amended the Petition and have also challenged the Order issued by Respondent No.1 dated 01/12/2015 purportedly under Section 39 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (Hereinafter referred to as “the said Act” for brief).
4. Petitioners have also challenged the validity of Rule 15 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending (Mahara
Click Here to Read the rest of this document
Back
