Bombay High Court

Sheth Enclave Co Operative Housing Society LtdversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided: 17 September 2026
Disposal: DISPOSED OFF

Holding

The Court held that there was nothing further to adjudicate and disposed of the writ petition.

Summary

The Seth Enclave Co‑operative Housing Society filed a writ petition alleging that the Municipal Corporation of Greater Mumbai had failed to act on illegal encroachment of a public road by about 90 unauthorised street vendors, including 35 food stalls, in violation of Section 313 of the Mumbai Municipal Corporation Act, 1888 and the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The petitioner sought the Commissioner’s intervention to remove the stalls and enforce the statutory provisions. The corporation contended that the traffic police inspector had already issued notices and was taking remedial steps under the applicable law. The Court examined the submissions and noted that the matter was already being addressed by the authorities. Consequently, the Court found no further issue for adjudication. The writ petition was therefore disposed of with directions to the competent authority to continue the remedial process.

Issues considered

Whether the Municipal Corporation of Greater Mumbai failed to discharge its duty under Section 313 of the Mumbai Municipal Corporation Act, 1888 with respect to illegal street vending.
Whether the Court should intervene to compel action under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Legislation cited

Subjects

illegal encroachment
street vendors
municipal duty
writ petition
public road
Section 313
Mumbai Municipal Corporation Act
Street Vendors Act

Judgment

(9)-WP-3457-26.doc

PANCHAL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by

BALAJI
BALAJI
GOVINDRAO
GOVINDRAO PANCHAL
WRIT PETITION NO. 3457 OF 2026
PANCHAL Date:
2026.09.18
10:15:45
+0530

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
(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

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(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]

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