Rotary Club, Trans Arpa, v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 45 of 2015 Rotary Club, Trans Arpa, Through Secretary Rupesh Shrivastava, S/o Late Shri S. P. Shrivastava, Aged About 38 Years, Advocate, R/o Mahamaya Park Colony, House No. 8, Mangla, Bilaspur, Police Station Civil Line, District Bilaspur, (Chhattisgarh) ---- Petitioner

Versus

1. The State of Chhattisgarh Through The Urban Administration and Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, (Chhattisgarh)

2. The Collector, Bilaspur, District Bilaspur, (Chhattisgarh)

3. The Commissioner, Municipal Corporation, Bilaspur, District Bilaspur, (Chhattisgarh)

4. The Gram Panchayat Lingyadih, Through Its Secretary Gram Panchayat, Lingyadih, Rajkishor Nagar, Bilaspur, (Chhattisgarh)

5. The Inspector General of Police, Bilaspur, District Bilaspur, (Chhattisgarh)

6. The Deputy Superintendent of Police (Traffic Incharge), Civil Line, Bilaspur, District Bilaspur, (Chhattisgarh) ---- Respondents For Petitioner : Shri Goutam Khetrapal, Advocate For Respondent/State : Shri Y.S. Thakur, Additional Advocate General For Respondent No.3 : Shri A.S. Kachhawaha and Shri Pankaj Agrawal, Advocates Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge Order On Board Per Thottathil B. Radhakrishnan, CJ.

04/07/2017

1. This writ petition is filed as Public Interest Litigation seeking an order to immediately remove unauthorized parking, illegal

sign boards, hoardings, and also to keep away permanent and temporary hawkers and to repair and maintain the approach road from Riverview Road/ Shanichari Bazar to CIMS and Devkinandan Chowk/Gole Bazar to CIMS Hospital, Bilaspur situated near Sadar Bazar, P.S. City Kotwali, District Bilaspur.

2. In this writ petition filed in 2015 with the passage of time, the State has placed its return including photographs pointing out that there is no more illegal occupancy and that trespassers have been removed and that for such purpose, a committee was constituted for removal of encroachments and action was taken by removing the encroachments.

3. The photographs produced by the petitioner predominantly show parking the vehicles. The eligibility of street vendors to adequate facility to carry on with their activities is laid down as referable to Article 21 of the Constitution, in the decision of the Apex Court in Olga Tellis & Ors vs. Bombay Municipal Corporation & Ors. (1985) 3 SCC 545. We are aware that much water has flown under the bridge after that decision was rendered and the concept of right to life in relation to such persons have not been permitted to be utilized by persons who trespass on to the streets in furtherance of their business activities. The Union of India has also come out with the Scheme for Urban Street Vendors. All these aspects taken together, the eligibility of people who use the roads and the requirement of the vendors to eke livelihood have

to be reasonably balanced.

4. Under the aforesaid circumstances, on facts and in law, it is necessary that the State Government and the Municipal Corporation do the needful to ensure that there is no hindrance to free traffic of vehicle through the road in question and also that appropriate steps are taken, as may be necessary, for rehabilitation of the street vendors.

5. In the result this writ petition is ordered directing the respondents to ensure that the road referred to about is appropriately maintained and preserved without encroachment and free from unauthorized parking vehicles, in any manner defeating the rights of people who uses those roads for free movement to different locations, including the hospital. Writ petition is ordered accordingly.

Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge Kamde