The civic body will have to demolish all illegal shops on Gulmohar Road at Juhu, following a direction from the Bombay high court on Monday.
A division bench of justice AS Oka and justice AS Gadkari was hearing a public interest litigation that has contended there are illegal hawking establishments operating in the area and that they are prohibited from being within a 100m radius of educational institutions. Mithibai College, among others, is located in that area.
K Punjabi, the corporation’s counsel sought to argue on Monday that following a Supreme Court order on street vending, they were in the process of filing their affidavit on the matter. The court however pointed out that illegal shops did not come under the purview of the street vending Act.
“Illegal structures are not protected under this Act at all,” said the bench. The corporation has been directed to remove the unauthorised shops and file a compliance affidavit to that effect before January 12. The corporation’s affidavit will have to be filed by an officer of the rank of deputy municipal commissioner.
B Raiyani, one of the petitioners in the matter, pointed out that some of the shop owners had gone to the city civil court, where some of the matters were still pending.
“It is obvious that in respect of the illegally constructed stalls/ shops by the side of Gulmohar Road that are not protected by any policy or court order, will have to be demolished,” said the court.
The matter will next be heard on January 19.