Bombay High Court
M/S Vanchit Bahujan Mathadi Transport ... vs The State Of Maharashtra And Ors on 26 March, 2026
Author: Bharati Dangre
Bench: Bharati Dangre
2026:BHC-AS:15154-DB
1/5 8 WP 4710-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4710 of 2021
M/s. Vanchit Bahujan Mathadi .. Petitioners
Transport and General Kamgar Union
and anr
Versus
State of Maharashtra and others .. Respondents
...
Mr. Hemant Ghadigaonkar with Sandesh Vishnu More and Akash Sawale for the petitioners.
Mrs.M.P. Thakur, AGP for respondent no.1. Mr.Harshit Tyagi i/b DSK Legal for respondent no.2 CIDCO Mr.Jagdish G. Aradwad (Reddy) for respondent no.3.
CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATED : 26th MARCH, 2026.
P.C:-
1. The petition filed by M/s. Vanchit Bahujan Mathadi Transport and General Kamgar Union and Jai Hanuman Rojbazar Fariwala Sanstha, have approached this Court seeking direction against respondent nos.2 and 3 to take appropriate steps to implement the provisions of "The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as well as the Maharashtra Street Vendors (Protection of Livelihood and Regulation of Street Vending) (Maharashtra) Rules 2016 and The Maharashtra Street Vendors (Protection of Tilak ::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:38:34 ::: 2/5 8 WP 4710-21.doc Livelihood and Regulation of Street Vending) Scheme, 2017 as well as the directions of the Supreme Court and High Court.
2. The petition make a grievance that despite the Act coming into force in 2014, and the Vendors Committee were formed, no further steps were taken by the respondent and he would place reliance upon the decision of the Apex Court in Maharashtra Ekta Hawkers Union and anr Vs. Municipal Corporation of Greater Mumbai1, which made it imperative to follow the provisions of the Act and formulate the scheme contemplated therein.
In compliance of the said petition, we have before us the affidavit filed by the Corporation and we find the following statement made in the said affidavit.
"4 I say that the Town Vending Committee has started its functioning with 17 members and even the steps were taken to fill up the remaining 3 vacant posts but inspite of public notice, no application is received for filling those 3 remaining vacant posts. Still answering respondent has requested to state government to notify Town Vending Committee as per the "Maharashtra Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules 2016" by letter dated 05.02.2025. Hereto annexed and marked as EXHIBIT- B Copy of the letter dated 05.02.2025. I say that the office of the answering Respondent has conducted survey of hawkers in its territorial jurisdiction of Panvel Municipal Corporation, in which 7858 hawkers were surveyed and 3406 hawkers submitted their requisite documents for issuance of authorized hawker's certificate / identity cards. Till date the office of the answering Respondent has issued 3154 identity cards to the hawkers. I say that even the hawkers, to whom the identity cards have been issued, have started conducting their respective business of selling vegetables, fruits, cloths, fish etc. 1 AIR 2004 SC 416 Tilak ::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:38:34 ::: 3/5 8 WP 4710-21.doc
5. I say that 27 plots are reserved at Kamothe Node for daily bazar and out of these 27 reserved plots, till date 8 plots have been handed over by CIDCO to the Panvel Municipal Corporation, the details of which are as follows :-
Sr.No. Sector Plot No. Area Agreement
No. (sq.mtrs) date
1. 5 13 638.12 31.05.2024
2. 10 15 270.61 10.06.2022
3. 11 48 867.05 31.03.2022
4. 17 26 552.28 10.06.2022
5. 18 47 691.37 10.06.2022
6. 21 62 469.37 10.06.2022
7. 24 1&2 1651.10 10.01.2025
8. 36 24 619.20 31.05.2024
3. A categorical statement is also made that plot no.48 in Sector 11 has been allotted by the CIDCO to the Corporation and it is available for hawkers, but considering the number of hawkers, the respondent is planning to construct G + 1 structure where all the hawkers can be accommodated.
The constant meetings held with the CIDCO also find mention in the said affidavit and the affidavit is concluded with a statement that all plots which are allotted by CIDCO are used by the hawkers for their respective business on daily/ regular basis.
4. The CIDCO has also filed an affidavit making a categorical statement that plot no.48, Section 11, Kamothe, is already handed over to the Panvel Municipal Corporation while agreement to lease executed on 10/3/2022, and in addition, in paragraph no.10, a categorical statement is made that 10 plots are already handed over to the Panvel Municipal Corporation.
Tilak
::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:38:34 :::
4/5 8 WP 4710-21.doc
In the chart accompanied with the said affidavit, the utilisation of the 14 plots is specifically set out with the details about the plots which could not be allotted due to pending court cases, but it is seen that the plots as set out in paragraph no.10, being 10 in number, are already allotted and put to use.
5. As far as remaining 14 plots are concerned, in the wake of the factors which are indicated in the chart, i.e. because of the plots being encroached or because of the pending court cases, the same could not be handed over.
However, a categorical statement is made in the affidavit by the CIDCO to the following effect :-
"13 I say that after removal of above difficulties in handing over of the 13 plots, this respondent shall hand over the remaining plots on priority to the Panvel Municipal Corporation. The Hon'ble Court is requested to accept the above submission and dispose of the present matter".
Recording the aforesaid statement made in the affidavit, we dispose of the Writ Petition. However, we give the liberty in the petition to agitate the grievance, if in the near future these plots are not handed.
6. As far as registration of vendors are concerned, since we have an affidavit of the Corporation, stating that 3406 have submitted the documents and therefore, 3152 are issued with the Identity cards, but in respect of others, since the process of completion of documents is not carried out, the identity cards are not issued.
Tilak
::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:38:34 :::
5/5 8 WP 4710-21.doc
We direct the Corporation to expedite the process provided the information supplied is found to be adequate and the cases being worth consideration for issuance of identity cards.
(MANJUSHA DESHPANDE, J) (BHARATI DANGRE, J.) Tilak ::: Uploaded on - 30/03/2026 ::: Downloaded on - 03/04/2026 21:38:34 :::