Interim Order 1

Order Details: Notice of Motion
Pdf Text: L.C. Suit No.2170/2019 INTERIM ORDER IN N.M.
NO.3175/2019
MHCC010086312019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
INTERIM ORDER
IN
NOTICE OF MOTION NO.3175 OF 2019
(CNR NO.MHCC01-008631-2019)
IN
L.C. SUIT NO.2170 OF 2019
Shivaji Sonaji Sonavane ...PLAINTIFF
//VERSUS//
The Municipal Corporation of Greater
Mumbai.
..DEFENDANT
Appearance :
Advocate L.K. Tripathi for the plaintiff.
Advocate Rohit Gaikwad for defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. PRASHANT C. KALE
(COURT ROOM NO.06)
DATE : 08th SEPTEMBER, 2026.
ORDER
Read the affidavit-in-support, affidavit-in-reply, additional
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affidavit of the plaintiff dated 12.01.2023, documents filed alongwith
additional affidavit dated 15.07.2026, and documents filed alongwith
additional reply affidavit of the defendant dated 12.08.2026 and
27.08.2026.
2. Heard parties. Apparently, the plaintiff is seeking a declaration of
rights as a street vendor, but a specific declaration explicitly based on
Clause- 16 (xv) of the Judgment dated 09.09.2013 in Civil Appeal
No.4156-57 of 2002. Further, plaintiff has sought relief in terms of
Section 3(3) of The Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014. Certainly, the Street Vendors
(Protection of Livelihood and Regulation of Street Vending) Act, 2014,
superseded and codified the directives of that 2013 judgment or
Hon’ble Apex Court.
3. The defendant / Corporation in its affidavit dated 27.08.2026
submitted that plaintiff's name appears amongst the 99,435 persons
arising from the 2014 survey and a survey / identity card has been
issued to him pursuant to the orders of this Court. However, mere
inclusion in the said list or issuance of such card does not confer an
unconditional right to hawk at any place of his choice. The Hon'ble
Bombay High Court has also clarified that such inclusion does not
create an automatic or vested right and that the applicable requirements
and guidelines continue to govern the entitlement. The plaintiff is
presently carrying on hawking / business activity at a No-Hawking
Zone, particularly within the prohibited distance from the temple /
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place of worship and Municipal Market, as already stated in the earlier
affidavit in reply.
4. Though, it is stated by the defendant / Corporation on affidavit
that the plaintiff is hawking in non-hawking zone. However, there is no
document on record to show “Non-Hawking Zone” declaration has been
legally finalized. The Hon'ble Supreme Court has consistently held that
livelihoods cannot be removed arbitrarily without due process. There is
no document on behalf of the Corporation to establish by following the
correct legal framework non-hawking zone has been created.
Per
contra, the plaintiff is coming with the
prima facie documents providing
proof of long-term occupation and pre-existing licenses.
5. In the circumstances, having regard to the fact that the festival
season is going on, the plaintiff has made out case for grant of interim
injunction. Hence, following order.
ORDER
1. Interim prayer in Notice of Motion No.3175 of 2019 is
allowed in terms of prayer clause- (b).
2. Parties to take note and act accordingly.
(PRASHANT C. KALE)
Judge, City Civil Court,
Date: 08.09.2026 Greater Bombay.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08.09.2026 at 04.30 p.m. N. S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. PRASHANT C. KALE
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
08.09.2026
Judgment/Order signed by P.O. on 08.09.2026
Judgment/Order uploaded on 08.09.2026
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