MUMBAI: Bombay high court directed the BrihanMumbai Municipal Corporation (BMC) to take prompt action once residents who filed a PIL against hawkers encroaching on three lanes in the Kamathipura area make a detailed representation to the civic body.
Dharma Vallakati and other residents, had filed a public interest litigation (PIL) in 2023 seeking direction to the municipal corporation to remove the alleged illegal encroachments on the pathways and pavements by hawkers on SP Road from 1st Lane to 16th Lane.
The grievance of the petitioners, who are residents of the area, is that hawkers have encroached upon the ground floor premises, especially in the 9th, 10th and 11th Lanes of Kamathipura area, which causes several difficulties not only to the pedestrians but to the residents of the area as well, noted the division bench headed by the Chief Justice Devendra Kumar Upadhyaya in an order passed before the Christmas vacation.
They had been making complaints to the civic authorities continuously since 2018, however, nothing concrete has been done till date to remove the encroachments from the pavements and the hawkers are still operating, though the lanes are a non-hawking zone.
The HC said given the nature of the grievance, it permurs the petitioners to make an exhaustive representation to the civic body, taking all the pleas and enclosing all the documents on which the petitioners intend to rely.
The HC disposed of the PIL with the direction that once any such representation or complaint is made, BMC shall take action for removal of unauthorized hawkers and other encroachments from the pavements in the area.
“The action on the representation to be preferred by the petitioners under this order shall be taken by the authority concerned with promptness,” said the HC.
Dharma Vallakati and other residents, had filed a public interest litigation (PIL) in 2023 seeking direction to the municipal corporation to remove the alleged illegal encroachments on the pathways and pavements by hawkers on SP Road from 1st Lane to 16th Lane.
The grievance of the petitioners, who are residents of the area, is that hawkers have encroached upon the ground floor premises, especially in the 9th, 10th and 11th Lanes of Kamathipura area, which causes several difficulties not only to the pedestrians but to the residents of the area as well, noted the division bench headed by the Chief Justice Devendra Kumar Upadhyaya in an order passed before the Christmas vacation.
They had been making complaints to the civic authorities continuously since 2018, however, nothing concrete has been done till date to remove the encroachments from the pavements and the hawkers are still operating, though the lanes are a non-hawking zone.
The HC said given the nature of the grievance, it permurs the petitioners to make an exhaustive representation to the civic body, taking all the pleas and enclosing all the documents on which the petitioners intend to rely.
The HC disposed of the PIL with the direction that once any such representation or complaint is made, BMC shall take action for removal of unauthorized hawkers and other encroachments from the pavements in the area.
“The action on the representation to be preferred by the petitioners under this order shall be taken by the authority concerned with promptness,” said the HC.