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Bombay High Court gives ‘biased’ BMC a rap on the knuckles

The BMC was rapped by the court for having “double standards” over the issue of permitting authorised hawkers to sell food simply because one had the “backing of then deputy chief minister Chhagan Bhujbal”.

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The Brihanmumbai Municipal Corporation (BMC) was rapped by the Bombay High Court on Wednesday for having “double standards” over the issue of permitting authorised hawkers to sell food simply because one had the “backing of then deputy chief minister Chhagan Bhujbal”.

“Simply because the petitioner may not have backing of any political leader, his case should not be treated differently,” observed the division bench of justices PB Majmudar and Rajendra Sawant on Friday.

The court was hearing a petition filed by Mohammed Yasin Shaikh, who had a licensed stall at Fashion Street since 2000, challenging the BMC’s decision rejecting his application for “change in commodity”. In 2009, BMC acquired his stall and shifted him to Nagindas Master Road (near Bombay Stock Exchange).

Since the garment business was not doing well, he sought permission from the corporation to sell pre-cooked food.

The assistant commissioner of A ward, rejected the application saying that it is “not in accordance” with their policy decision, despite a Supreme Court order which permits sale of pre-cooked food in hawking zone.

Pooja Thorat, Shaikh’s advocate, pointed out to the court that the corporation had permitted change in commodity to one Anbu Chandran.

On a query from the court, the BMC counsel replied that “they had permitted the change in view of the letter written by the then deputy chief minister Chhagan Bhujbal.” The corporation also produced the said correspondence before the court.

“The stand taken by the corporation reflects a sorry state of affairs on the part of public administration… It is high time that the corporation may reconsider this policy,” observed the high court while directing the corporation to reconsider Shaikh’s application.

The court has also asked the BMC to reconsider its policy regarding change in commodity observing: “Transparency in the matter of public action is the need of the hour.”

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