(9)-WP-3457-26.doc PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3457 OF 2026 Seth Enclave Co-operative Housing Society ...Petitioner Versus Municipal Corporation of Greater Mumbai & Ors. ...Respondents ... Mr. Tanoj Joshi a/w Ms. Shivani Gautam, Mr. Sumit Pal, Mr. Nikunj Rathod & Mr. Omkar Jadhav, for the Petitioner. Ms. K. H. Mastakar, for Respondent Nos.1 to 5-BMC. Smt. Jyoti Chavan, Addl. GP for Respondent Nos.6 & 7-State. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 17th SEPTEMBER, 2026. P.C.: 1. We have heard learned Counsel for the parties. 2. The instant Petition is preferred with serious complaint to us against the inaction of the Respondents. This, despite the statutory provision enshrined under Section 313 of the Mumbai Municipal Corporation Act, 1888 (in short, “the Act”), the Respondent Corporation has failed to discharge its obligation. 3. Learned Counsel for the Petitioner vehemently submits that in the vicinity of Sheth Enclave Co-operative 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.18 10:15:45 +0530 (9)-WP-3457-26.doc Housing Society, the public road is encroached upon, wherein the excessive number of illegal stalls and hawkers with 90 unauthorized vendors, including approximately 35 food stalls, which operate in blatant disregard to the Municipal Laws. Learned Counsel for the Petitioner submits that inspite The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is in force instead of taking recourse under the said provisions, the Respondent has failed to discharge its obligation under the Act. At present, the Petitioner has confined the relief to the application/complaint dated 20.02.2026, which is moved to the Municipal Commissioner, Municipal Corporation of Greater Mumbai which is to be taken care of. 4. Ms. K. H. Mastakar, learned Counsel for the Respondent-Corporation submits that the in-charge Police Inspector, Traffic Division has already taken steps in order to remove the illegal encroachment over the said public road and consequently notices have been issued. She submits that all remedial measures would be taken under the Act in accordance with the law. Learned Counsel for the Respondent-Corporation has also placed on record her detailed instructions and on the strength of these instructions, she tried to impress that the remedial steps have already been taken. 5. Considering the factual situation as emerged, suffice to indicate under the Act, we expect the Municipal 2 (9)-WP-3457-26.doc Commissioner/Competent Authority to look into the matter and examine the remedy. Let the proceedings be decided in accordance with law but certainly after giving ample opportunity to all the stakeholders against whom it is alleged they have put up unauthorized stalls illegally, on public road in the vicinity of Sheth Enclave Co-operative Housing Society. 6. In view of the above, nothing remains to be adjudicated in the instant Petition. 7. With the aforesaid directions, Writ Petition is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3