Tukaram Govind Zende And ORS. v. Navi Mumbai Municipal Corporation

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13188 OF 2016 Tukaram Govind Zende and ors.

.. Petitioners Vs.

Navi Mumbai Municipal Corporation .. Respondent Mr.Saurabh Oka, for the Petitioners.

Mr.S.V. Marne, for Respondent.

CORAM : NARESH H. PATIL & M.S.KARNIK, JJ.

29th NOVEMBER, 2016 P.C. :

.

The petitioners are running juice centres in the Agriculture Produce Market Committee (APMC), Vashi area. It is the case of the Corporation that petitioners are running juice centres without seeking permission from the Corporation. Hence, the Corporation issued notice to the petitioners calling upon them to apply for such license and in case of failure thereof appropriate steps would be taken after expiry of 30 days from the date of receipt of notice. Admittedly, period of 30 days 1/3

is over.

2.

Learned Counsel appearing for the petitioners submits that the petitioners have acquired license from other department. They are running juice centres since long. Due to certain reasons, the petitioners could not get sufficient time to make application to the Corporation for getting license. Learned Counsel further submits that in case the relief is denied to the petitioners, they will be deprived of their livelihood and would face hardship, therefore, an opportunity be provided to the petitioners for filing an application with the Corporation for seeking appropriate license.

3.

Learned Counsel appearing for the Corporation submits that it was noticed that hygienic conditions are not maintained in and around the juice centres. The juice centres have blocked the way in the APMC area and these activities are required to be regulated properly and strictly in accordance with law. Learned Counsel appearing for the Corporation, on 2/3

instructions, submits that if the necessary applications of the petitioners are received by the Corporation, they would deal with the same accordingly and communicate their decisions to the petitioners.

4.

In view of the facts and statement made as above, we grant 45 days more time from today to the Corporation to take appropriate decision and communicate the decision to the petitioners on the applications submitted by the petitioners, if any. Status-quo as on today shall be maintained by the parties for a period of 45 days from today.

5.

Writ Petition is disposed of.

(M.S.KARNIK, J.) (NARESH H. PATIL, J.) 3/3