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Bombay High Court

New Classic Hair Dresser Through ... vs Municipal Corporation Of Gr. Mumbai And ... on 21 February, 2020

Author: R.I.Chagla

Bench: S.J. Kathawalla, R.I.Chagla

                                                                   909 wp 199 of 2019.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                               WRIT PETITION NO.199 OF 2019

New Classic Hair Dresser and Ors.                               ...        Petitioners
     versus
Municipal Corporation of Gr. Mumbai & Ors.                      ...        Respondents

Ms. Rubia Taneja with Ms. Shama Taneja, for Petitioners.
Mr. J. Reis, Senior Advocate with Mrs. Vandana Mahadik, Mrs. Sheetal Metkari, for
MCGM.

                                   CORAM:   S.J. KATHAWALLA &
                                            R.I.CHAGLA, JJ.
                                   DATE:    21st FEBRUARY, 2020

P.C.:

1. We have perused the photographs produced before us. Our attention is drawn to the area delineated in yellow colour on the footpath which is to be allotted to the hawkers. We are prima facie satisfied that if the hawkers are allowed to put up their stalls on the portion so delineated and further in view of the customers of such hawkers standing around the hawking area, the shops of the legitimate shop keepers will be completely obstructed including the ingress and egress to their shops, thereby severely affecting their business. In view thereof, until the writ petition is finally heard, the area delineated in yellow colour shall not be allotted to the hawkers. Stand over to 18th March, 2020 for final hearing at the stage of admission. SSP 1/2 ::: Uploaded on - 27/02/2020 ::: Downloaded on - 11/06/2020 01:03:29 :::

909 wp 199 of 2019.doc

2. The parties shall complete their pleadings and serve the same on the other side on or before 13th March, 2020.

( R.I.CHAGLA, J. )                                    ( S.J.KATHAWALLA, J.)




SSP                                                                                       2/
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