**Illegal Stall Investigation Ordered by Bombay High Court**
The Bombay High Court has mandated the Municipal Commissioner of the Brihanmumbai Municipal Corporation (BMC) to investigate the involvement of civic officials in the unauthorized establishment of a pan, bidi, and gutka stall on a footpath outside a housing society in Mumbai. The court has not only called for the immediate removal of this illegal structure but has also instructed the Municipal Commissioner to conduct an inquiry into the officials who neglected to address the encroachment for over six years.
A division bench, consisting of Justices G S Kulkarni and Arif S Doctor, was reviewing a petition from Nirvana Housing Society. The petition claimed that although the BMC had demolished the illegal stall in November 2019, it reappeared and continued to operate without any valid licenses or permissions. An inspection report dated July 17, 2023, confirmed the stall’s presence, noting the absence of both health and trade licenses.
The BMC informed the court that a notice had been issued to the stall operator on July 23, 2025, under the Mumbai Municipal Corporation Act, allowing 48 hours for voluntary removal. If the operator failed to comply, the BMC stated it would proceed with demolition. Despite having legal representation, the stall owner did not submit a reply affidavit, which the court interpreted as an implicit acknowledgment of the stall’s illegality.
Describing the structure as a “rank unauthorized” encroachment, the bench emphasized that footpaths are public spaces intended for pedestrian use and cannot be exploited for private gain. The court also raised concerns about how the stall acquired an electricity connection and questioned the lack of proactive measures taken by BMC officials.
The bench remarked, “Such lawlessness cannot be permitted,” and directed the Municipal Commissioner to issue show-cause notices to the Ward Officer, Assistant Commissioner, and relevant Field Officers. Additionally, the court ordered a compliance report to be submitted by September 4, 2025. The case is set for further hearing on July 29, 2025, when the court will assess the status of the stall’s removal and the progress of the internal inquiry.
**FAQ**
**What actions has the Bombay High Court taken regarding the illegal stall?**
The court has ordered the immediate removal of the stall and initiated an investigation into the civic officials who failed to act against the encroachment for over six years.