37.pil.7.

19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

Public Interest Litigation No.7 of 2019

The Court on its own motion
vs.
The Union of India, through Ministry of Road Transport & Highways, New Delhi & others
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

Mr. S.P. Bhandarkar, Amicus Curiae.

Mr. N.S. Deshpande, DSGI for Respondent No.1.
Mr. A.A. Kathane, Advocate for Respondent No.4.
Mr. S.S. Sanyal, Advocate for Respondent No.5.
Mr. D.P. Thakre, Additional G.P. for Respondent Nos.2, 3, 6
& 11 to 13.
Mr. S.M. Puranik, Advocate for Respondent No.8.
Mr. S.K. Mishra, Senior Advocate for Respondent No.10.
Mr. Madhoor Deo, Advocate for Respondent No.16.

CORAM : SUNIL B. SHUKRE AND M.W. CHANDWANI, JJ.

DATE : 1st MARCH, 2023.

We have heard this matter for some time.

02] The affidavit-in-reply filed on behalf of the

Municipal Corporation is taken on record. The learned Amicus
submits that he has received an information that even after
removal of encroachments on some places, the encroachers
have returned to the same places and thus, the drive
undertaken by the Corporation for removal of the
encroachments, has not had the desired impact. The affidavit
does not give the details regarding the dates and the time, on
which and during which the encroachment drive was carried
out by the Corporation. In order to ascertain further
information in this regard, we put queries to Mr. Ravindra
Bhelave, Deputy Municipal Commissioner, but he did not
 37.pil.7.19 2/2

answer the queries saying that he would seek necessary

instructions. We are, therefore, constrained to request the
Municipal Commissioner to assist the Court by remaining
present before us in the Court today at 02:30 p.m., if it is
possible for him, and in case it is not possible for him, he
should depute some responsible officer to assist this Court.

03] The Corporation must understand that there is a

Meet of G20 Countries, which is an international Meet of great
significance for our nation and, therefore, the efforts of the
Corporation must be to present the Nagpur City as a city of
promise, enterprise, discipline, cleanliness and the citizens
who respect the law. We would, therefore, like to have further
details from the Corporation in this regard.

04] We may clarify here that the Corporation shall not

take action of removal of any street vendor, who was issued a
licence for hawking earlier and whose licence for any reason
has not been renewed till date. We further clarify that the
directions passed by this Court on 20 th February, 2023 shall be
implemented only in the case of the street vendors and
hawkers, who were not issued any licence, whatsoever, earlier
or later.

05] Put up at 2:30 p.m.

(M.W. Chandwani, J.) (Sunil B. Shukre, J.)

*sandesh

Signed by:SANDESH DAULATRAO

WAGHMARE
Private Secretary to the Hon'ble Judge
Date :01.03.2023 16:38