Navi Mumbai Hawkers And Workers And ANR v. The State Of Maharashtra Thru The Prin. Secretary Dept. Of Urban Development And ORS

1 910) wp13624-18.doc SAS-NITIN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13624 OF 2018 Navi Mumbai Hawkers & Workers & Anr.

..Petitioners.

V/s.

The State of Maharashtra & Ors.

..Respondents.

Mr.A.R.Belge for the petitioners.

Mrs.M.P.

Thakur, AGP for respondent-State.

Mr.Sandeep Marne for respondent Nos.2 to 5.

Mr.Uday Ghade, Assistant Section present.

CORAM : S.J.KATHAWALLA AND B.P.COLABAWALLA, JJ.

DATE : DECEMBER 11, 2019 P.C. :- 1.

The learned Advocate appearing for the petitioners has submitted before us that respondent Nos.2 to 5 are not implementing the directions set out in clauses (v) and (vi) of paragraph 86 of the order dated 1 st November , 2018 passed in Writ Petition No.652 of 2017 and connected matters.

2.

The Corporation has fled its afdavit. The same is taken on record and the statements made therein are accepted. However, the learned Advocate appearing for the Corporation submitted that they have written

2 910) wp13624-18.doc letters dated 17 th July, 2019 and 22 nd October, 2019 to the State Government requesting them to forward to the Corporation rules / regulations / guidelines, which the Corporation was expected to follow, but the State has not responded to the same till date.

3.

The learned AGP informs the Court that by a letter dated 23 rd November, 2017, the rules / regulations / guidelines which the Municipal Corporation was expected to follow, was forwarded to the Corporation and the State will also respond to the letters dated 17 th July, 2019 and 22 nd October, 2019 within two days from today.

4.

The learned Advocate appearing for the Corporation states on instructions that clauses (v) and (vi) of paragraph 86 of the order dated 1 st November, 2018 passed in Writ Petition No.652 of 2017 shall be complied with by the Corporation within a period of six months from today. The statement is accepted as an undertaking given to the Court. It is clarifed that no further extension shall be granted.

5.

The Writ Petition is accordingly disposed of. (B.P. COLABAWALLA, J.) (S.J. KATHAWALLA, J.)