J G O O H N N S S A 2O L N V 0 E 2 S 6:J D 2 O 2 aBH : t 4 e N 2 : : S 2 4 HO 0 5 2 N + 6 . 0 G 0C 5 O 1 3 . N 1 0 6 SA-LAVESS:1808-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2724 OF 2021 Madhavi Madhukar Kale And Anr … Petitioners versus The Commissioner Pune Municipal Corporation And Ors … Respondents WITH INTERIM APPLICATION NO.18001 OF 2022 Chote Vyavsaik Association Thr.

Secretary Dattatray Gulabrao Shelake … Applicants versus Madhavi Madhukar Kale And Anr … Respondents ----

Ms Lalita H Panchakshari, for the petitioners.

Mr Abhijit P Kulkarni, a/w. Mr Abhishek Roy, Mr Shreyas Zarkar, Mr Gourav Shahane and Ms Sweta Shah, for respondent PMC.

Smt. MS Bane, AGP, for State.

Mr Janay Jain, a/w. Mr Vinayak Chitale, i/b. Parinam Law Associates, for the Intervenors in IA No.18001/2022.

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CORAM: BHARATI DANGRE AND R.N. LADDHA, JJ.

DATE: 9th JANUARY, 2026 P.C.:

1. The petitioners have approached this Court being aggrieved by the alleged menace caused by the hawkers who conduct their business on Wrangler Paranjape Road and the gally passing through Jilbya Maruti Road. The petitioners, who are residents of a property situated in Budhwar Peth, Pune, being their ancestral house located in Tulshibaug market area, have made a grievance that all the narrow lanes leading to their property are infested with hawkers and squatters, making it difficult for them even to access their own residential premises. On an earlier occasion, when the petitioners, along with the residents, filed a writ petition which was treated as PIL No.17 of 2003, this Court entertained the petition, and by order dated 24/8/2007, directed the Municipal Commissioner to remove all encroachments on pavements and public roads in the Tulshibaug area and to take preventive measures to ensure that such persons do not return to the site.

2. The petitioners are conversant with the fact that the Street Vendors (Protection of Livelihood And Regulation of Street Vending) Act, 2014 has been enacted and that the PMC has issued circulars regulating hawking activities carried out by the street vendors within the Municipal limits. The grievance of the petitioners is that this policy is not being implemented effectively and, as a result, hawkers surround their residential premises, causing immense inconvenience to the petitioners.

3. We have heard the learned Counsel representing the petitioners.

We have also heard the learned Counsel Mr Janay Jain for the intervenors/applicants.

4. The Pune Municipal Corporation is represented through its learned Counsel, who placed reliance upon the affidavit filed by the Assistant Municipal Commissioner, affirmed on 26^th July 2024. A categorical statement is made therein that, in compliance with the provisions of the Act of 2014, the PMC has constituted a Town Vending Committee by passing a resolution on 23/6/2023, comprising the Municipal Commissioner as its President, along with the Police Commissioner, Deputy Commissioner of Traffic, and other office bearers of various departments. It is further stated in the affidavit that a decision to rehabilitate the street vendors of the Tulshibaug area was taken pursuant to the Division Committee (Prabhat Samiti) bearing Resolution No.1 dated 11/09/2017 and in accordance with the approval dated 14/3/2018 granted by the Town Vending Committee.

The affidavit also states that the lane mentioned by the petitioners is a pedestrian walk-way and that the Tulshibaug market has existed for more than 300 years, even prior to the constitution of the Municipal Corporation, during which time, licensed street vendors have been permitted to carry out their business.

The Assistant Municipal Commissioner has stated before us, that licenses are issued specifying the permissible area of business as per the Street Vendors Policy 2014.

Reliance is placed upon a Circular dated 7/4/2014 issued by the Encroachment Department of the Pune Municipal Corporation, which covers roads, gallys and lanes