AVINASH SUNIL WAVLE v. THE MUNICIPAL CORPORATION OF GREATER MUMBAI THROUGH MUNICIPAL COMMISSIONER MCGM
WP/2642/2025 · 2025-11-07
Shri Ashwin D Bhobe, Shri Ravindra V Ghuge
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 76406 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76406 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
904-WP-2642-2025-(OS).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2642 OF 2025 Avinash Sunil Wavle & Anr. ...Petitioners Versus The Municipal Corporation of Greater Mumbai & Ors. ...Respondents Mr. Hemant Kenjalkar a/w Ms. Minal Kamble-More, Advocate for the Petitioners. Mr. Ajit R. Pitale a/w Mr. Siddhart A. Pitale, Advocate for the Intervenor. Ms. Rutuja Bodake i/by Ms. Komal Punjabi, Advocate for Respondent Nos.1 to 3. Mr. Sushant Patil, Road Engineer ‘S’ Ward, present. Mr. Rakesh More, Sr. Inspector, Encroachment ‘S’ Ward, present.
CORAM : RAVINDRA V. GHUGE &
ASHWIN D. BHOBE, JJ.
DATE : 7th NOVEMBER, 2025 P.C. :-
1. The learned Advocate for the Municipal Corporation has tendered a compilation of photographs and notices (33 Pages) along with a covering letter, dated 6th November, 2025. The same is taken on record and marked as ‘X’ for identification.
SUNNY THOTE 1 of 2 SUNNY ANKUSHRAO THOTE Digitally signed by SUNNY ANKUSHRAO THOTE Date: 2025.11.10 13:54:07 +0530
904-WP-2642-2025-(OS).odt
2. We find that the problem of hawkers and tin sheds occupying practically every footpath and street in Mumbai has assumed the character of a disease. Such situation is spreading in all directions in Mumbai. To the extent of the present Petitioners, the Corporation seems to have initiated the drive against those hawkers/tin sheds, which are located in non-hawking zone. Insofar as large scale occupation of footpaths throughout Mumbai is concerned, the Petitioners may consider whether they desire to file a Public Interest Litigation.
3. In view of the above, by recording the statement of the Corporation that to the extent of this Petition, the hawkers who are encroaching upon the non-hawking zone, would be compelled to vacate the said spots by following the due procedure laid down in law, is recorded.
4. Hence, this Writ Petition is disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) SUNNY THOTE 2 of 2