Bombay High Court
M/S Vanchit Bahujan Mathadi Transport ... vs The State Of Maharashtra And Ors on 12 September, 2022
Author: R.D. Dhanuka
Bench: R.D. Dhanuka
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2022.09.13
10:57:56 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4710 OF 2021
M/s. Vanchit Bahujan Mathadi ]
Transport & General Kamgar Union & ]
Anr. ] ... Petitioners
Vs.
The State of Maharashtra & Ors. ] ... Respondents
...
Mr. S.S. Kulkarni with Mr. Hemant Ghadigaonkar for the
petitioners.
Mr. A.A. Alaspurkar, A.G.P. for the State.
Ms. Prerna Shukla i/b Mr. Nitin Gangal for respondent No.2-
CIDCO.
Mr. J. G. Reddy (Aradwad) for respondent No.3-PMC.
...
CORAM : R.D. DHANUKA &
KAMAL KHATA, JJ.
DATED : 12TH SEPTEMBER, 2022.
P.C.:-
1. Mr. Reddy, learned counsel for respondent No.3- Corporation, on instructions, states that as on date, respondent AJN 2/5 08 WP-4710.21.odt No.2 has handed over possession of six plots by entering into Agreement to Lease, as per chart tendered across the bar on the last date. Statement is accepted.
2. Learned counsel tenders a copy of the letter dated 09/09/2022 addressed by the Deputy Commissioner, Panvel Municipal Corporation and states that in respect of five plots out of 29 plots, respondent No.3-Corporation has already paid premium to CIDCO. In respect of remaining 24 plots, CIDCO has not intimated the amount of premium payable by the Municipal Corporation.
3. We accordingly direct CIDCO to intimate the amount of premium payable in respect of the remaining 24 plots, to respondent No.3-Corporation, within three weeks from today. Upon such intimation that would be received from CIDCO, respondent No.3-Corporation shall pay the premium within four weeks from the date of receipt of such intimation from CIDCO, without fail.
4. So far as the process of conducting survey is concerned, it is submitted by learned counsel for respondent No.3- Corporation, on instructions, that substantial part of the survey has already been conducted and would be completed within the time prescribed by order dated 30/08/2022. Statement is accepted.
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5. Mr. Kulkarni, learned counsel for the petitioners pointed out certain inadvertent errors crept in order dated 30/08/2022. Learned counsel for the respondents have no objection if these corrections are carried out in the said order. After carrying out the corrections the order dated 30/08/2022 reads as under:
"1. The matter is on board, mentioned out of turn, by Mr. Kulkarni, learned counsel for the petitioners.
2. The apprehension of the petitioners is that, without complying with the procedure prescribed under Sections 3 and 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) (Maharashtra) Act, 2014, respondent No.3-Corporation and/or respondent No.2-CIDCO may evict all the street vendors, who are on the plot in question.
3. Respondent No.2-CIDCO has issued notices under Section 53(1) of the MRTP Act in respect of Plot Nos.1 and 1A, Sector 11, Kamothe. Mr. Gangal, learned counsel for respondent No.2- CIDCO has raised an issue of maintainability of this petition filed on behalf of the association. Mr. Gangal vehemently urged that though the Municipal Corporation has issued notices against the street vendors, the notices are not impugned in this petition.
4. In view of the objection raised by respondent No.2-CIDCO, Mr. Kulkarni, learned counsel for the petitioners seeks leave to amend the petition so as to enable him to impugn the notices issued by the Municipal Corporation under Section 53(1) of the MRTP Act.
5. Leave, as prayed for, is granted. Amendment AJN 4/5 08 WP-4710.21.odt to be carried out within two weeks from today. Amendment shall also be carried out in the copies of the petition supplied to the respondents.
6. It is common ground that though the Municipal Corporation has commenced the process of survey as contemplated under Section 2 of the Street Vendors Act, due to pandemic, the procedure for carrying out survey and issuing of street vendor certificate, which was required to be submitted after the survey, has not been completed till date.
7. It is the case of respondent No.2-CIDCO that CIDCO has already handed over possession of six plots on lease in favour of respondent No.3- Corporation. Learned counsel for CIDCO has tendered a chart, showing the plots allotted for daily bazar in Kamothe, which are to be handed over to respondent No.3-Corporation. He invited our attention to order dated 05/04/2022 passed by this Court and submitted that as on 05/04/2022, respondent No.3 has not disputed that out of the six plots, three plots are already handed over to CIDCO by respondent No.3-Corporation.
8. In view of the fact that the process of conducting the survey is not concluded as contemplated under the provisions of Street Vendors Act, we direct the Municipal Corporation to complete the survey within eight weeks from today, including the issuance of necessary certificate as contemplated under Section 4 of the Street Vendors Act in favour of the eligible persons, who are found in possession and carrying out such business as contemplated under Section 3 of the Act.
9. Respondent No.3 shall also submit, on the next date, as to whether respondent No.2 has already handed over possession of six plots by entering into agreements of lease, as per chart tendered across the bar or not.
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10. Mr. Gangal, learned counsel for respondent No.2-CIDCO agrees to furnish a copy of the chart produced in the court to learned counsel for the petitioners and also learned counsel for respondent No.3, during the course of the day.
11. On the next date, respondent No.3 to apprise the Court with regard to the steps taken by them to conclude the survey, as directed by this Court in the earlier paragraphs of this order.
12. Respondent Nos.2 and/or 3 shall not take any coercive steps against the noticees, who are issued notices under Section 53(1) of the MRTP Act for a period of three months from today.
13. It is made clear that no further extension will be granted to the Corporation to complete the process of issuing identity cards, as contemplated under Section 4 of the Street Vendors Act.
14. Place this matter on board "For Directions"
on 12/09/2022 to enable the learned counsel for the respondent No.3-Corporation to make a statement as aforesaid and, place the matter again on 10/11/2022 "For reporting compliance"."
6. Time to carry out the amendment in terms of order dated 30/08/2022 is extended by one week from today.
7. Place these matters on board for Direction on 25/11/2022.
[KAMAL KHATA, J.] [R. D. DHANUKA, J.] AJN