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2019 Supreme(Bom) 1592

S.C.DHARMADHIKARI, G.S.PATEL
Venkat A. Bhasha Boina – Appellant
Versus
Mumbai Municipal Corporation – Respondent


Advocates Appeared:
Mukesh M. Vashi, Adv., Aparna Devkar, Adv., A.Y. Sakhare, Adv., Ashwin Sakolkar, Adv., Rupali Adhate, Adv.

JUDGMENT :

S.C. Dharmadhikari, J.

By this writ petition under Article 226 of the Constitution of India, the petitioners are challenging the action of the Mumbai Municipal Corporation.

2. The MMC has taken a firm stand that the stalls of certain vendors affecting the smooth flow of traffic at a busy road need to be removed.

3. A detailed order has been passed, copy of which is at page 162 (Exhibit Q-1) of the paper-book, invoking Section 314 of The Mumbai Municipal Corporation Act, 1888 ("MMC Act"). This order reads as under:-

    "MUNICIPAL CORPORATION OF GREATER MUMBAI

No.ACS/OD/536/LICENCE dtd. 14.11.2018

Office of Assistant Commissioner

S Ward Licence Department,

Room No.301, 3rd Floor,

S Ward Office Building,

L.B.S. Road, Near Mangatram

Petrol Pump, Bhandup (west),

Mumbai - 400 078.

To,

Mr. Ramchandra Tukaram Waghmare

Squatter, Stall Licence No.795303331

Sant Shiromani Namdeo Maharaj Marg,

i.e. Station Road, Bhandup (west),

Mumbai - 400 078.

Sub: Hearing arranged as per Hon'ble High Court Bombay's orders in Writ Petition No.3149/2018 dt. 05-10-2018

Ref: (1) Allotments Letter U/No.AC/MKT/-/ AEM dt. - issued by A.C. (Market) of M.C.G.M. or JPD/R&R/MUIP/43 dt. 25.01.2008 issued by M.M.R.D.A.

(2) Letter for

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