AVINASH TAMBE Vs. MUNICIPAL COMMISSIONER OF GREATER MUMBAI
LAWS(BOM)-1999-4-108
HIGH COURT OF BOMBAY
Decided on April 20,1999

AVINASH TAMBE Appellant
VERSUS
Municipal Commissioner Of Greater Mumbai Respondents

JUDGEMENT

- (1.) IN this Petition, the action of the Municipal Corporation to declare certain roads and byelanes as Hawking Zones has been questioned. Various other Petitions, including Writ Petition (Lodging) No.2485 of 1998, claiming similar reliefs are also pending and are before us. The Petitions filed by the Association of Hawkers are also part of this batch of Petitions.
(2.) CERTAIN directions were issued by this Court on 30th November, 1998 in regard to the Scheme being prepared by the Municipal Corporation for Hawking and Non-hawking Zones, after considering the representations of all concerned. Mr.Rao, learned Counsel appearing for the Corporation, submits that the Scheme has been finalised by the Administration, but various steps are required to be taken and the Scheme is still to be placed before the Corporation. Technically, therefore, the Scheme is still at the draft and consideration stage. Mr.Rao submits that the Scheme will be finalised by the first week of July, 1999. We make it clear that, in case the Scheme is not finalised within the time now being sought for, we will have to consider the suggestions about certain areas and roads being declared as Non-hawking or Hawking Zone. We may notice that, even during the course of hearing yesterday, forceful submission was made that certain areas and roads, as an interim measure, be directed to be declared as Non-hawking zones. We may further notice that, as for back as 22nd September, 1998, this Court had directed the Municipal Commissioner to finalise Hawking and Non-hawking Zones, after obtaining the approval of the Corporation, on or before 10th November, 1998.
(3.) REGARDING the issue of 'Pawtis', learned Counsel for the Corporation submits that, after the Order dated 30th November, 1998 was passed by this Court, the Corporation had stopped issuing 'Pawtis' and collecting daily any amount on that account. In order to appreciate this Order, it would be useful to bear in mind the two earlier Orders passed on this aspect, one dated 30th November, 1998 itself and the other dated 31st July, 1998.;


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