Hello,
What appears to be Contempt of Court yet again
The authorities have no qualms in passing the buck to the Citizens, but don't give the powers.
Meantime, the usual business at the non hawking areas in K West, goes on as, what else, usual.
Thanqx.
Jagdeep
>>>
JVPD's illegal hawkers: BMC throws up its hands
Civic body tells residents they should deploy own security to control menace
Sobiya Moghul
Posted On Thursday, January 20, 2011 at 03:20:44 AM
| The high court may have asked the BMC and the police to cooperate in the removal of hawkers from no-hawking zones but the two agencies are busy passing the buck to each other. BMC has even asked residents of JVPD scheme to deploy their own security personnel to remove illegal hawkers. Last week, Navalben and Khimji Hairya, who live on Gulmohar Road, were attacked by four men who were armed with a knife and gun. They were robbed of jewellery worth Rs 1.5 lakh. Navalben, 74, is in the ICU at CritiCare Hospital with stab injuries in the head and stomach.
Jayesh Shah, a builder, said, "Instances of chain snatching and theft have increased in the area in the last 18 months and it is solely because of these stalls and dhabas. People sit here the whole day, doing nothing. It seems they keep an eye on the movement of residents." "After what happened to the Hariyas, we fear for safety of senior citizens in the area," he added. Filmmaker and activist Ashoke Pandit said, "Between Mithibai College and Cooper Hospital, there are more than 300 houses which have senior citizens. Of these, in more than 100 houses, sons and daughters leave for work with only kids and old people at home. The security of these people is at risk. These are plush societies with security personnel, but goons are known to be very smart." While BMC Additional Commissioner for K ward said, "We clear hawkers every 15 days and it's the responsibility of police to ensure they stay away. Citizens should adopt an area, deploy their security men and once the BMC has removed hawkers, ensure it remains hawker-free." To this, DCP Zone 9 K M M Prasanna, said, "I can't station my constable on every road. Like at Hill Road and Linking Road, BMC should station its vehicles and officers here to stop encroachment. After that we are ready to provide any assistance they require. |
>>>
On Tue, Jan 25, 2011 at 11:38 AM, Jagdeep DESAI <jagdeep.desai1@gmail.com> wrote:
जय हिंद***JAI HIND2010 JAN 25Eve of the Republic Day Anniversary ofThe Republic of India, that is, BharathaShri R PAWARAssistant Municipal ComissionerK West WardMCGM
Mumbai PoliceMumbai Traffic PoliceCopies to
DMCK West WardMCGMAMCWestern SuburbsMCMCGM
DCPMumbai PoliceJCPMumbai Traffic PoliceShri Gurudas KAMATMPMumbai Northwest
Dear Sirs,In reference to the official visit on 2011 JAN 07 in Lallubhai Park area, by Shri Gurudas KAMAT, Member of Parliament, Mumbai North West, and various communications.The matter below is self explanatory.
Despite and inspite of repeated requests and representations to the appropriate authorities, there is no respite or relief to the residents.This is in reference to the various orders by the Supreme Court on the matter of illegal hawkers, as mentioned below, in particular, the orders of the Supreme Court, excerpted here2. 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 complaintAnd 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 ofan 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."It is in any case, obligatory, mandatory, statutory and now, compulsory by Supreme Court order, as below, to keep unauthorised and illegal hawkers away.You are kindly advised to follow the Supreme Court order as below to the letter and spirit.Thanqx.Jagdeep DESAISecretaryFounder TrusteeForum for Improving Quality of Life in Mumbai सुबुर्ब्स
>>>On Tue, Dec 28, 2010 at 1:45 PM, Jagdeep DESAI <jagdeep.desai1@gmail.com> wrote:2010 DEC 28
Shri R PAWARAssistant Municipal ComissionerK West WardMCGMMumbai PoliceMumbai Traffic Police
Copies to
DMCK West WardMCGM
AMCWestern SuburbsMCMCGM
DCPMumbai PoliceJCPMumbai Traffic Police
Dear Sirs,
This is in reference to the various orders by the Supreme Court on the matter of illegal hawkers, as mentioned below.This is also in reference to this reporthttp://timesofindia.indiatimes.com/city/mumbai/BMC-cracks-down-on-illegal-hawkers-collects-6-L-fine/articleshow/7175810.cms
It is very strange that instead of an objective of keeping Mumbais' carriageways, foot paths and other public spaces free from unauthorised and illegal hawkers, MCGM only thinks of collection of revenue.In other words, these hawkers will be allowed to continue occupying spaces, so long as MCGM revenue is not affected, that, too, a figure of Rs.6 lakhs collected from 400 illegal hawkers is seen as some achievement.Though from the ground situation in K West Ward, none of them would be from this area, and in any case, 400 hawkers is not even the proverbial tip of the ice berg.This is totally against any justice to Citizens.And why will the drive continue only till the new year.It is in any case, obligatory, mandatory, statutory and now, compulsory by Supreme Court order, as below, to keep unauthorised and illegal hawkers away.You are kindly advised to follow the Supreme Court order as below to the letter and spirit.Thanqx.
Jagdeep DESAI
SecretaryFounder TrusteeForum for Improving Quality of Life in Mumbai Suburbs
>>>
BMC cracks down on illegal hawkers, collects 6 L fine
TNN, Dec 28, 2010, 07.27am IST
Mumbai: The BMC is cashing in on the festivities to speed up its action on unauthorized hawkers and vendors in the city. Since December 23, the civic body has taken action against more than 400 hawkers in the western and eastern suburbs. A total of Rs 6 lakh was collected from the hawkers as fine. "This was part of our ongoing drive against unauthorized hawking. We will continue to crackdown on such vendors till the New Year," said a senior civic official. According to BMC officials, most of the hawkers were selling food items cooked in unhygienic conditions that looked to be causing a risk to the health of Mumbaikars. "Most of the food was being cooked in unhygienic conditions and the fact that people tend to eat out during festive season poses a risk to the lives of lakhs of citizen," an official said.
>>>
On Fri, Dec 24, 2010 at 11:51 PM, Jagdeep DESAI <jagdeep.desai1@gmail.com> wrote:
2010 DEC 24
Shri R PAWARAssistant Municipal ComissionerK West WardMCGMMumbai PoliceMumbai Traffic Police
Copies to
DMCK West WardMCGM
AMCWestern SuburbsMCMCGM
DCPMumbai PoliceJCPMumbai Traffic Police
Dear Sirs,This is in 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.>>>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 municipalor 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 bepermitted 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 andcommercial activity is prohibited. Thus hawking cannot be permitted on roads and pavements which do not have a shopping line;">>>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 exhaustive01 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, etc02 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, etcIn any case, you are aware, entire Vile Parle West is a declared non hawking zone03 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 Road05 Illegal stalls on both sides of SV Road and footpath from Gokhale Bridge towards South and Amboli naka towards North06 Illegal stalls on both sides of Church Road, Seven Bungalows07 Illegal stalls, and illegal shop extensions on Irla Road, of hawkers and shops08 Illegal food and other stalls on DJ Marg, Vile Parle, and in various inner roads of Vile Parle West such as BP Vashi Road, etc09 Illegal food and other stalls on both sides of SV Road and Link Road, towards Jogeshwari and northern limit of K West, etcAll the above, apart from the illegality, cause great traffic obstacles, health hazards, garbage nuisance, etcYour 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 DESAISecretaryFounder TrusteeForum for Improving Quality of Life in Mumbai Suburbs
>>>>>>For information>>>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
-2-
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.
-3-
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.
-4-
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
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