1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.176 OF 2010 Federation of Retail Traders Welfare Association & Anr. .. Petitioners V/s Brihanmumbai Municipal Corporation & Ors. .. Respondents Mr.Rakesh Pandey for the Petitioners. Ms.Shobha Ajitkumar for Respondent Nos.1 & 2. CORAM: P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ. DATE: 20TH DECEMBER, 2010. P.C.: 1. This petition is filed by the Federation of the retail traders Welfare Assocication. The grievance of the petitioners is that the Corporation is not taking appropriate action in the matter of removing illegal encroachers & the unauthorised hawkers occupying the footpath on the L.T.Marg. 2. The affidavit in reply is filed by the Corporation. In the affidavit in reply it is stated that there are 32 licence holding hawkers who are selling the cutlery goods. The list of the said hawkers has been given by the Corporation at Exhibit 1. It is pointed out in the said affidavit that the inspectorial staff is doing petrolling service regularly. 2 3. So far as licence holding hawkers are concerned, there is no question of giving any direction asking the Corporation to remove them since they are doing their business in a lawful manner. However, the Corporation is directed to remove the unauthorised hawkers who have encroached upon the said area or the footpath of L.T.Road. It is the duty of the Corporation to remove unauthorised occupants/hawkers so that the people can have access to the footpath. Hence, the Corporation is directed to remove the unauthorised occupants/hawkers within a period of two months from today. For that purpose, if any police help is required, the Corporation is directed to take the same and the Commissioner of Police is directed to give necessary police help, if required, by the Corporation. 4. Corporation is also directed to monitor the said area by appointing an officer to see that nobody is allowed to occupy or encroach upon the footpath. It is made clear that no direction is given against the authorised licence holding hawkers. 5. Subject to what is stated above, petition is disposed of. (MRS.MRIDULA BHATKAR. J.) (P.B.MAJMUDAR, J.)