Friday, December 24, 2010

[rti4empowerment] Illegal Hawkers In K West Ward Of MCGM

 

2010 DEC 24


Shri R PAWAR
Assistant Municipal Comissioner
K West Ward
MCGM

Mumbai Police
Mumbai Traffic Police

Copies to

DMC 
K West Ward
MCGM

AMC
Western Suburbs

MC
MCGM

DCP
Mumbai Police

JCP
Mumbai Traffic Police

Dear Sirs,

This is reference to the various orders by the Supreme Court on the matter of illegal hawkers, in particular, the latest one as enclosed below for your ready and immediate reference.

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You are also fully aware of the original orders on Non - Hawking Zones as stated in "the Restrictions and Conditions by which the hawkers will do their business laid down for Non - Hawking Zones" in the December 9, 2003 Order. They are as follows:

" [3] There should be no hawking within 100 metres from any place of worship, holy shrine, educational institutions and hospitals or within 150 metres from any municipal
or other markets or from any railway station. There should be no hawking on foot - bridges and over bridges. Further certain areas may be permitted to be kept free of hawkers for security reasons. However outside places of worship hawkers can be
permitted to sell items required by the devotees for offering to the deity or for placing in the place of worship e.g. flowers, sandalwood, candles, agarbattis, coconuts etc."

" [9] No hawking will be permitted on any street which is less than 8 metres in width. Further the hawkers also have to comply with Development Control Rules thus there can be no hawking in areas which are exclusively residential and where trading and
commercial activity is prohibited. Thus hawking cannot be permitted on roads and pavements which do not have a shopping line;"

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The latest order is not only specific, explicit, but clear and non ambiguous, that illegal hawkers have no opportunity to have any stay on their activities until the new hawking policy may be finalised.

Effective and permanent action has to be taken as per the latest orders, which you are well aware.

You are therefore kindly advised to take immediate action on the same in K Ward, at the following places, inclusive, but not exhaustive

01 In and around Andheri Station area, and on the foot over bridges connecting West and East, on the roads immediately outside, S V Road, which are all within 150 metres of the station, etc

02 In and around Vile Parle Station area, and on the foot over bridges connecting West and East, on the roads imediately outside, S V Road, which are all within 150 metres of the station, etc

In any case, you are aware, entire Vile Parle West is a declared non hawking zone

03  Junction of MM Chowk, SV Raod, Lallubhai Road, illegal food stalls, and others, occupy the corners, dirty the place, wash utensils on the road, etc.

04 Illegal food and other stalls near and around NMMIS, Mithibai, Bhaidas, etc., Juhu shopping complex on VL MEHTA Road

05 Illegal stalls on both sides of SV Road and footpath from Gokhale Bridge towards South and Amboli naka towards North

06 Illegal stalls on both sides of Church Road, Seven Bungalows

07 Illegal stalls, and illegal shop extensions on Irla Road, of hawkers and shops

08 Illegal food and other stalls on DJ Marg, Vile Parle, and in various inner roads of Vile Parle West such as BP Vashi Road, etc 

09 Illegal food and other stalls on both sides of SV Road and Link Road, towards Jogeshwari and northern limit of K West, etc

All the above, apart from the illegality, cause great traffic obstacles, health hazards, garbage nuisance, etc

Your office is called upon to immediately and effectively, and permanently, clear the said encroachments and etc., from the above areas, apart from the numbers of all other places not mentioned, where such illegal hawkers are proliferating.

The area below, near and around Gokhale flyover bridge, is in filthy, dirty, dark, unhygienic condition since years.

Superficial assurances have been given by your office to specific representations by LAPARA ALM, and others, highlighted in the media also any number of times, but this place remains in abysmal condition.

Kindly clean the place immediately.

Kindly also relocate the solid waste, garbage Clean Up ! chowkie, located on South West end of railway platform, which creates foul smell, due to collection of MCGM garbage compactors and MCGM dumpers, affecting thousands of residents and passengers going to and returning from Andheri West station.

This also creates totally unacceptable traffic jams, and endagers pedestrians due to haphazrd movement of such vehicles.

Also, huge numbers unauthorised water tankers are randomly and illegally parked near there due to two MCGM valves allowed for MCGM water tankers.

All this creates innumerable problems for all residents and passengers, pedestrians, etc., not to mention that it give an impression that K West is under drought conditions even after a very good Monsoon season 2010.

Kindly relocate this filling point.

You kind attention is also drawn to the sweeping, cleaning, collection, of solid waste in Ward K West area which is not being done effectively, nor efficiently.

The same should be done with proper vigour and especially after mid night, to take care of the enormous litter generated by padyatris going to Shri Siddhi Vinayak who do not care about the environment nor the simple credo

Svachchtha Hee Vidhaatha Hai 

- Aur Jo Nahin Samajhtha 

- Tho Padhe Likhe Phir Bhi Anadi 

- Bahar Se Aayaa Ek Khiladi 

- Clean Up Our Land


Your immediate and positive action in this will be appreciated.

Thanqx.

Jagdeep DESAI

Secretary 
Founder Trustee
Forum for Improving Quality of Life in Mumbai Suburbs

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For information

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ITEM NO.101                   Court No.9            SECTION IX


             S U P R E M E    C O U R T   O F    I N D I A
                           RECORD OF PROCEEDINGS

                  CIVIL APPEAL NO(s). 4156-4157 OF 2002

MAHARASHTRA EKTA HAWKWERS UNION & ANR.               Appellant (s)

                  VERSUS

MUNICIPAL CORPORATION,GREATER MUMBAI&ORS             Respondent(s)


(With appln(s) for directions, intervention, permission to place addl.
documents on record and directions and modification/clarification and
directions and for stay and for impleadment and clarification)
WITH Civil Appeal NO. 4158-4159 of 2002
Civil Appeal NO. 4161-4162 of 2002
(with appln(s) for directions and permission to file additional documents)
Civil Appeal NO. 4163-4164 of 2002
(with appln(s) for permission to submit additional document(s) and directions)
Civil Appeal NO. 4160 of 2002 (appln(s) for stay)
Civil Appeal NO. 4170-4171 of 2002
Civil Appeal NO. 4167-4169 of 2002
(with appln(s) for intervention and intervention and impleadment as
party respondent and directions)
Civil Appeal NO. 4165-4166 of 2002
Civil Appeal NO. 4175-4176 of 2002
(with appln(s) for permission to place addl. documents on record and
substituted service and directions)
Civil Appeal NO. 4179-4180 of 2002
(with appln(s) for clarification/modification of court's order)
Civil Appeal NO. 4172-4174 of 2002
Civil Appeal NO. 4178 of 2002
Civil Appeal NO. 4177 of 2002
Civil Appeal NO. 9661 of 2003
Civil Appeal NO. 9662 of 2003
Civil Appeal NO. 9663-9666 of 2003 (With office report)
Civil Appeal NO. 9667 of 2003
(With appln(s) for production of records and with office report)
Conmt. Petition(C ) No. 140 of 2006 in C.A. NO. 4156-4157/2002
(With appln(s) for impleadment and with office report)
Conmt. Petition (c ) No. 26-27/2009 in C.A. No. 4156-4157/2002
Conmt. Petition(c) no. 80-81/2009 in C.A. No. 4156-4157/2002
(With appln(s) for permission to file additional documents)
Contmt. Petition(C ) Nos. 113-114/2008 in C.A. No. 4158-4159/2002
(With appln(s) for permission to file additional affidavit)
                             
Date: 30/11/2010    These Appeals were called on for hearing today.

CORAM :
         HON'BLE MR. JUSTICE B. SUDERSHAN REDDY
         HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR


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For Appellant(s)
C.A. No. 4156-57/09         Mrs. Gouri Karuna Das, Adv.
                           Ms. Anu Gupta, Adv.
                           Mr. Prakhar Sharma, Adv.
                           Mr. S. Ashok Kumar, Adv.
                           Ms. Bhakti Pasrija, Adv.
                           Mr. Sushil Kumar Jain,Adv.

For Respondent(s)
for BMC                     Mr.   G.E. Vahanvati, AGI
                           Mr.   Bhargava V. Desai, Adv.
                           Mr.   Rahul Gupta, Adv.
                           Mr.   Nikhil Sharma, Adv.

Ministry of Transport       Mr. T.S. Doabia, Sr. Adv.
(UOI)                       Mr. Shaildender Saini, Adv.
                           Mr. D.S. Mahra, Adv.


State of Maharashtra        Mr. Sanjay V. Kharde, Adv.
                           Ms. Asha Gopalan Nair, Adv.

CA No. 4156-57/2002         Mr.   Shyam Divan, Sr. Adv.
with Cont. Pet.             Ms.   Madhvi Divan, Adv.
                           Mr.   D. Bharat Kumar, Adv.
no. 140/2006                Mr.   Anirudh Rajpur, Adv.
                           Mr.   Balasubrahmanyam Kamarsu, Adv.
                           Mr.   Abhijit Sengupta, Adv.

                           Mr. T.A. Khan, Adv.
                           Ms. Sunita Sharma, Adv.
                           Ms. Sushma Suri, Adv.

                           Mr.   Prashant Kumar, Adv.
                           Mr.   Senthil Jagadeesan, Adv.
                           Mr.   V.N. Raghupathy, Adv.
                           Mr.   Ashok Kumar Singh, Adv.
    Ms. Asha Gopalan Nair, Adv.
                           Ms. V.D. Khanna, Adv.
                           Mr. Naveen R. Nath, Adv.
                           M/s. Parekh & Co.
                           Mr. Nikhil Nayyar, Adv.
              Mr.   Sumita Hazarika, Adv.
                           Mr.   Prashant Bhushan, Adv.
                           Mr.   E.C. Agrawala, Adv.
                           Mr.   Jatin Zaveri, Adv.
                           Mr.   Vikas Mehta, Adv.
                           Mr.   Vijay Kumar, Adv.
                           Mr.   K.N. Rai, Adv.
                           Ms.   Pratibha Jain, Adv.
            Mr.   Shashi Bhushan Kumar, Adv.
                   Ms.   Kamakshi S. Mehlwal, Adv.
                           Mr.   Amit Kumar, Adv.
                           Mr.   Yash Pal Dhingra, Adv.
                           Mr.   M.M. Kashyap, Adv.

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Mr.   R.C. Kohli, Adv.
Ms.   Jyoti Mendiratta, Adv.
Ms.   N. Annapoorani, Adv.
Mr.   Shrish Kumar Misra, Adv.
Mr.   Naresh Kumar, Adv.
Mr.   Alok Kumar, Adv.
Ms.   Rani Jethmalani, Adv.
Mr.   S.L. Aneja, Adv.
Mr.   K.V. Bharathi Upadhyaya, Adv.
Mr.   Naveen R. Nath, Adv.
Mr.   Bhargava V. Desai, Adv.
Mr. Upmanu Hazarika, Sr.Adv.
Mr. Shivaji M. Jadhav, Adv.
Mr. Brij Kishor Sah, Adv.

Ms.   Asha Gopalan Nair, Adv.
Mr.   Sushil Kumar Jain, Adv.
Mr.   Ravindra Keshavrao Adsure, Adv.
Mr.   Chirag M. Shroff, Adv.
Mr.   Shakil Ahmed Syed, Adv.

Mr.   Vijay Hansaria, Sr.Adv.
Mr.   P.I. Jose, Adv.
Ms.   Sneha Kalita, Adv.
Mr.   B.K. Mishra, Adv.
Mr.   Satish C. Joshi, Adv.

Mr.   Ashok Kumar Singh, Adv.
Mr.   Bharat Sangal, Adv.
Mr.   Sunil Kumar Jain, Adv.
Mr.   Venkateswara Rao Anumolu, Adv.
Mr.   Vimal Chandra S. Dave, Adv.
Mr.   Bhargava V. Desai, Adv.
Mr.   Vijay Kumar, Adv.
Mr.   Abhijit Sengupta, Adv.
Mr.   P. Parmeswaran, Adv.
Mr. K.L. Janjani, Adv.

        

Ms.   V.D. Khanna, Adv.

Ms.   Ruby Singh Ahuja, Adv.

Mr.   Naveen R. Nath, Aqdv.

Mr.   V.N. Raghupathy, Adv.



          UPON hearing counsel the Court made the following
                              

O R D E R


       The Three Members Committees appointed by this Court vide
Order dated 9.12.2003 and 30.7.2004 are discontinued in terms of
the signed order placed on the file.


List these matters after eight weeks.

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In the meanwhile, Corporation to file Action Taken Report.


            (Sukhbir Paul Kaur)                   (Renuka Sadana)
               Court Master                        Court Master


            (Signed Order for discontinuing the Committees
             is placed on the file)


IN THE SUPREME COURT OF INDIA

                           CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NO(s). 4156-4157 OF 2002

MAHARASHTRA EKTA HAWKWERS UNION & ANR.                    Appellant (s)

                           VERSUS

MUNICIPAL CORPORATION,GREATER MUMBAI&ORS                  Respondent(s)

WITH Civil Appeal NO. 4158-4159 of 2002
Civil Appeal NO. 4161-4162 of 2002
Civil Appeal NO. 4163-4164 of 2002
Civil Appeal NO. 4160 of 2002
Civil Appeal NO. 4170-4171 of 2002
Civil Appeal NO. 4167-4169 of 2002
Civil Appeal NO. 4165-4166 of 2002
Civil Appeal NO. 4175-4176 of 2002
Civil Appeal NO. 4179-4180 of 2002
Civil Appeal NO. 4172-4174 of 2002
Civil Appeal NO. 4178 of 2002
Civil Appeal NO. 4177 of 2002
Civil Appeal NO. 9661 of 2003
Civil Appeal NO. 9662 of 2003
Civil Appeal NO. 9663-9666 of 2003
Civil Appeal NO. 9667 of 2003
Conmt. Petition(C ) No. 140 of 2006 in C.A. NO. 4156-4157/2002
Conmt. Petition (c ) No. 26-27/2009 in C.A. No. 4156-4157/2002
Conmt. Petition(c) no. 80-81/2009 in C.A. No. 4156-4157/2002
Contmt. Petition(C ) Nos. 113-114/2008 in C.A. No. 4158-4159/2002

                                   

O R D E R


             This Court vide order dated 9.12.2003 and 30.7.2004
has appointed Three Members Committees for Mumbai City Eastern Suburbs and Western Suburbs, each for considering the suggestions and objections  invited from the public for finalization of Hawking and Non-Hawking zones.             

    The required expenditure for the functioning of those Committees is borne by the Municipal Corporation. It is brought to our notice that the Corporation had already spent an amount of Rs.60,50,966/- toward  the remuneration of the Chairmen, their mobile bills, rental car charges etc. That apart the Corporation had also provided to the said Committees office  premises, clerk, steno/typist, peon, landline telephone, computers etc. for which separate expenditure has been incurred by the Corporation. There is no dispute that finalization of Hawking and Non- Hawking Zones has already been  done. This Court vide its Order dated 12.2.2007 directed the State Government to formulate the Scheme for hawkers based on National Urban Hawkers Policy which  is stated to have been formulated by the State Government. In such view of the
matter, no useful purpose will be served by continuing with the Three Members Committees constituted by earlier orders of this Court.

     In the circumstances, we order for the discontinuance of the Three Members Committees forthwith subject to the following:

1. Upon dissolution of the Committees the function of the Committees with regard to deciding applications in respect of designating roads/streets as hawking zones/non-hawking zones will not be assigned to any authority.

2. The Municipal Corporation  accepts the  suggestion  of Citispace and agrees with the directions given in para 14(15) of the judgment dated 9.12.2003 to be substituted by the following:-

 "Complaints  in  respect of  hawkers, encroachers and unauthorised parkings by shop owners shall be brought   to the notice of the concerned Ward Officer who is an Assistant Municipal Commissioner (AMC). The Ward Officer concerned shall take immediate steps to respond to the complaint and remove the hawker, encroacher and unauthorised parkings by shop owners where he if found to be in a non-hawking zone/area. In case the Ward Officer takes no action, a written complaint may be filed by the citizen to his immediate superior, the Deputy Municipal Commissioner (DMC) of the zone. The DMC shall look into the complaint 

And if found correct he will with the help of the police remove the hawkers,       
encroachers and unauthorised parkings by shop owners. The Officer-in-Charge of the police station concerned is directed to give prompt and immediate assistance to the DMC. In the event of the DMC findings the complaint to be correct, he shall so record an adverse remark in respect of the failure of the Ward Officer to perform his duty will be entered in the Confidential Report of the Ward Officer concerned. If more than 3 such entries are found in the record of
an officer, it would be a ground for withholding promotion. If more than 6 such entries are found in the record of an officer, it shall be a ground for
termination of service."

3. The Municipal Corporation agrees that the functions of issuing licences to hawkers as contemplated in the judgment dated 9.12.2003 read with the judgment dated 12.2.2007 will be discharged by a Senior Officer of the Municipal
Corporation to be designated by the Municipal Commissioner.

4. This arrangement shall be in force until the MCGM's Hawkers (Regulation of Activity) Bye Law 2009 comes into force. Thereby in accordance with the order dated 12.2.2007 these directions will cease to exist. There shall be an order accordingly.

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