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Monday, February 6, 2012

BMC told to act against Juhu hawkers

Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to take legal steps to evict hawkers from outside an educational complex in Juhu. 

    A division bench of Justice Sharad Bobde and Justice Ramesh Dhanuka was hearing a petition filed by Vile Parle Kelawani Mandal which runs several educational institutes, including NM and Mithibai colleges, seeking the removal of illegal hawkers from outside its institutions. The court had earlier rapped the BMC for expressing helplessness in removing unauthorized encroachments on footpaths. 
    Mandal's counsel V A Thorat submitted that in a nohawking zone, irrespective of whether the hawkers are licensed or not, they have to be removed as per the Supreme Court's orders. BMC advocate Ashutosh Kumbhakoni 
said that anything related to hawkers has to be clarified before the Supreme Court. He also submitted that in view of the stay on evictions granted to some hawkers by lower courts, the BMC was unable to evict them. Some of the stalls are HPCOs and Aarey Sarita stalls, he added. 
    The judges, while perusing the BMC's affidavit, asked what HPCOs were. Kumbhakoni said that they are handicapped public call offices. "Are they really run by handicapped persons or is somebody else running it," asked Justice Bobde. The judges said that the BMC must inform the lower courts of the Supreme Court's orders on hawkers. 
    The judges recorded the BMC advocate's statement that the BMC would take steps, including making applications, if not done, in the small causes and city civil court to vacate interim relief/ injunction against removal.


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