1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.1958 OF 2010 Maratha Mandir & Anr. .. Petitioners V/s The State of Maharashtra & Ors. .. Respondents Mr.V.P.Sawant for the petitioners. Ms.S.M.Modle for the Respondent Corporation. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 19th July, 2011. P.C.: 1. Learned Advocate for the Corporation states that the footpath, in relation to which the grievance is made in the petition, is non- hawking zone, and therefore, there is no question of the Corporation permitting any activity being carried on, on that footpath. 2. She states that the Corporation has already taken steps to remove the hawkers on 15.07.2011 and that the Corporation will again take steps to remove the hawkers who may be carrying on business on the footpath which is non-howking zone. She further states that the Corporation will consider, in accordance with law, the request made by the petitioners for handing over the footpath to the petitioners who run the hospital, so that the footpath can be 2 maintained as non-hawking zone free from any encroachment. She states that before handing over footpath to the petitioners the Corporation will take care to see that all the hawkers are removed and thereafter it will be responsibility of the petitioners to maintain the footpath free of any encroachment. The statements made by learned counsel for the Corporation are accepted. 3. The Corporation shall take action against any hawkers that may be there, as expeditiously as possible, in any case within a period of two weeks from today. If necessary, the Corporation shall apply for police help. If such application is made, the police authorities shall consider it favourably in view of the fact that the footpath is adjoining the hospital and continuation of hawking activities on that footpath must be causing nuisance to the patients in the hospital. 4. It goes without saying that after the footpath is handed over to the petitioners, the petitioners shall not use it for any activity and protect it from any encroachment and unauthorised use. 5. Petition stands disposed of. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)