JUDGMENT : 1. The Petitioner has filed an application seeking an ad interim mandamus for shifting the whole-sale vegetable market, at present being carried on one of the roads which passes through the Kaira Bazar to an alternate site within a specified period. This is also the prayer in the writ petition itself. This writ petition has been pending consideration for the last five years. 2. Regard being had to the record as it rests today, the opposite parties, the local administration is now not at issues with the Petitioner that the vegetable market should be shifted. It is the local administration which placed a scheme before this Court that the vegetable market would be shifted from its present site to a open space available within the precincts of the nearby Government Carpentry School if that had been done, it would have been the end of the controversy and the, relief sought by the Petitioner would have stood granted end accomplished, Unfortunately, while the local administration was placing the scheme before this Court for shifting the vegetable market at the nearby State Carpentry School, it was simultaneously permitting a television studio to be established at the same alternate site. Not only this, the foundation stone of the television studio was also put at the place were the vegetable market was to shift by inviting a former Hon'ble Prime Minister. This Court has doubt whether the Prime Minister was correctly briefed by the local administration that he was laying a foundation stone of a television studio at a place reserved for shifting a whole-sale vegetable market carried on by roadside vendors. The present broadcasting stations, both radio and television studios and the relay transmission tower are in the wheat of the city. The studio is being set up at the east of the city. And, that also at a place reserved for another purpose, at a site chosen for that purpose by the local administration. The issue in the writ petition, far from being solved became active again. This aspect is already noticed in the earlier orders of this Court, dated August 7, 1990, (1990) 2 Uttar Pradesh LB EC 1165 particularly paragraphs 5 and 6 and the order dated 27, August, 1990 (1990) 2 Uttar Pradesh LB EC 1168, paragraphs 9, 10, 11 and 12. 3. This aspect is already noticed in the earlier orders of this Court, dated August 7, 1990, (1990) 2 Uttar Pradesh LB EC 1165 particularly paragraphs 5 and 6 and the order dated 27, August, 1990 (1990) 2 Uttar Pradesh LB EC 1168, paragraphs 9, 10, 11 and 12. 3. The local administration placed another scheme This time it was their suggestion that they have found yet another alternate site to shift the vegetable market over an area which is proposed to be reclaimed by filling up a long broad Nala running east to west along with Lala Lajpat Rai Road between Stanley Road and Kamla Nehru Road also near the Carpentry School. At present the vegetable market is on the Kamla Nahru Road. The court had granted time to the local administration on 29-4-1991 to indicate the scheme, for this shifting to be undertaken. The shifting, the court was given to understand would be undertaken after the rains and close to the end of the year, 1991. 4. The Petitioner who is a rate payer complains that the road in front of his property is blocked by the vegetable market, and submits in paragraph 7 of this application that the local administration (Nagar Mahapalika and Allahnbad Development Authority) permitted an order to be passed before a Hon'ble Division Bench that shifting of the vegetable market would remain stayed until the objections filed by that Petitioner (National Academy of Sciences. Allahabad) was decided by the Commissioner, Allahabad Division. The Commissioner, Allahabad Division, is otherwise the Chairman of the Allahabad Development Authority. The order which had been passed on the petition of the Petitioner the National Academy of Sciences, Allahabad by another Hon'ble Bench on December 5, 1991 is appended as an annexure to the application. On the passing of the order of December 5, 1991 that the shifting of the market, in context, would remain in abeyance until the Commissioner, Allahabad Division decides the representation, pending before him, that petition was laid to rest as decided on the very day it was filed. 5. The contention of the Petitioner in his application is that the order which was passed was obtained by the Petitioner, in effect, in collusion with the local administration. 5. The contention of the Petitioner in his application is that the order which was passed was obtained by the Petitioner, in effect, in collusion with the local administration. The applicant contends that the opposite parties or their counsel were aware of the scheme presented by the local administration on the shifting of the vegetable market, as presented before this Court and that this disclosure was not made before the other court and that the local administration permitted a stay order for be passed against them. The legal contention at the Bar of learned Counsel for the applicant, Mr. Tarun Agarwal. Advocate is that the order in the other case passed on December 5, 1991 was obtained by fraud and collusion, and that for the purposes of these proceedings it does not stand as it is a nullity, u/s 44 of the Evidence Act, 1872. 6. This Court has seen the order passed in the other petition on December 5, 1991. it is a matter of record that while on the one hand the local Administration with confidence had assured this Court that the vegetable market is being shifted first within the premises of the carpentry school and then again on the reclaimed area after a municipal Nala is filled up, on the other hand in the presence of their counsel it is on record that a conditional stay order was passed. It would have been appropriate if the local administration had intimated the other Hon'ble Division Bench of the proceedings of this Court. This Court would leave the record at this. 7. The concern of this Court is that neither the public nor the administration must be put to confusion that there is inconsistency in the orders of the court, Thus, this Court would interpret the order of the other Hon'ble Court not contradictory to any order passed by this Court but within the constraints of the law which regulate urban planning. Now that the petition in the other case has been laid at rest, the order passed by the other court, will be respectfully considered by this Court. In matters relating to urban planting which concern Zonal plans and protect conforming usage of land, there is no harm if the objections and suggestions of the citizen of the locality are considered. Now that the petition in the other case has been laid at rest, the order passed by the other court, will be respectfully considered by this Court. In matters relating to urban planting which concern Zonal plans and protect conforming usage of land, there is no harm if the objections and suggestions of the citizen of the locality are considered. In fact, the spirit of Uttar Pradesh Urban Planning and Development Act, 1973 is that before putting a finality to plans, objections and suggestions may be invited from any person with respect to the draft plan Thus, to that extent when the National Academy of Sciences was permitted to have their objections considered, whichever may be the authority to consider it, no harm was done, notwithstanding the merits of the objections, which were to be considered. 8. This Court had sent for the record of the petition laid to rest on December 5, 1991 and as filed by the National Academy of Sciences. The order of December 5, 1991 shows that notices were accepted by one counsel of the local bodies and the appearance was made by another counsel. A counter affidavit to the petition was not filed as it was disposed of on the very day it was filed. There is nothing on record to show that the proceedings of this Court were intimated to the other court. In paragraphs 9 and 10 of the supplementary counter affidavit of the Nagar Mahapalika, the allegation of collusion is refuted; these paragraphs are sworn on information derived from counsel. In effect, the submissions in these paragraphs, reflect on arguments and submission at the Bar of the other court. This Court does not consider it proper to permit proceedings of another court to be made an issue before this Court, unless absolutely necessary, Besides, this Court, had already observed that the orders of the two courts are not in conflict. 9. This Court notices from the order of December 5, 1991 that it was stated before the other court that a. representation has been made by the National Academy of Sciences to the Commissioner and that representation was pending. The order reads: The Commissioner should dispose of the representation as expeditiously as possible while doing as, he shall give opportunity of hearing to all the affected parties. The order reads: The Commissioner should dispose of the representation as expeditiously as possible while doing as, he shall give opportunity of hearing to all the affected parties. Till the representations of the Petitioner is disposed of, the Respondents shall not establish a Sabzi Mandi at Lala Lajpat Rai Road.... 10. This Court was cautions enough to first require a statement from the local administration, as a matter of record, to report to this Court whether a representation was filed before the Commissioner, Allahabad Division. In paragraph 12 of the supplementary counter affidavit filed on behalf of Nagar Mahapallka, it has been stated that the officers of Nagar Mahapalika. Allahabad have checked and verified from the office of the Commissioner, Allahabad Division, as on May 20, 1992 and have been intimated by the secretariat of the Commissioner, Allahabad Division that there is nothing on record in the nature of a representation having been filed by the National Academy of Sciences or any one else on the shifting of the vegetable market in question This Court is satisfied that a representation has not been filed Division considering it or disposing it of, does not arise. Nothing can be considered, if not represented. The order which was obtained by the National Academy of Sciences on its petition on December 5, 1991, has, thus, exhausted itself. At present, this Court would not like to make any further comment on this aspect of the matter. 11. In matters relating to urban planning and protecting conforming usage of land, the judgments of the Supreme Court given in several cases in the last eight years have left no room for doubt that spaces left for certain conforming uses have to be respected and do not suffer from encroachment. These decisions were rendered while protecting areas set apart for conforming uses, whether in Bombay, Bangalore, Ahmedabad or Delhi. The judgments of the Supreme Court are not only clear guidelines but binding on all courts within the territory of India under Article 141 of the Constitution. The authorities, that is, those in-charge of administration civil or judicial shall act in aid of the Supreme Court. Thus, delaying these matters may not be good accountability. To participate in an exercise to resolve these matters would be best way. The court will welcome any party which is in a position to take a decision and implement these schemes. The authorities, that is, those in-charge of administration civil or judicial shall act in aid of the Supreme Court. Thus, delaying these matters may not be good accountability. To participate in an exercise to resolve these matters would be best way. The court will welcome any party which is in a position to take a decision and implement these schemes. The implementation in any case has to be done by the administration. Thus, in such matters of public planning whether urban or rural, it is upto the administration to show interest. But the interest must not be that on the site suggested by the administration, for instance, for shifting the vegetable market in question from Katra to Carpentry School (reference meeting under the Chairmanship of the District Magistrate on November 4, 1986. even before filing of the petition) the site selected for shifting the market is permitted to bused to instal a television studio. When this sort of in coordination happens, then the public thinks that the administration is unmindful of its own decision. A solution of the problem was found even before the petition was filed but the controversy was kept alive by the local administration itself. The next alternative that the market would be shifted to its proposed site over the Nala running parallel to Lajpat Rai Road was also of the local administration, reference its affidavit filed on April 29, 1991 appending a blue print map of the proposed place of the intended market. The scheme is good in its content but again it ran into a controversy on a petition in a writ petition (filed by the National Academy of Science) that it was too near the road. This is hardly a matter in which the local administration should be drawn into a controversy by citizens of the area where the market may be located. It has been, indicated to the court on behalf of the local administration that the space over the reclaimed area when the nala is ultimately filled is approximately 100 meters on either side from the centre of the nala. It was suggested on behalf of the learned Counsel for the local administration at the Bar that the court may inspect the site. This may not be necessary. It was suggested on behalf of the learned Counsel for the local administration at the Bar that the court may inspect the site. This may not be necessary. 12 It would be more appropriate that the local administration applies a little more consideration and serious exercise in planning and put their proposed market over the centre of the Nala when the land is ultimately reclaimed, which it should be, without any further delay than get involved in an objection that the market is too near the road. The further away the market is from the road it would be better. The broader the road it would meet the pressures of the years to come and serve the purpose of passage for which a road is intended. A 60' wide road today, as shown in the map may see the need of double it's width in the years to come. A market is yet to be established. The space is available. Let the market be as further away roads and houses as it possibly can. The centre of the drain, when reclaimed would virtually be a no man's land. The court is further informed by counsel for the Petitioner and opposite parties that towards the east of this drain and on it's centre, the area has already been reclaimed and a public housing scheme already exists. This nala will also give the city planners a natural excavated space for the purposes of a foundation as the hollow of the Nala is already there. Colossal sums of monies are spent in digging foundations of buildings and at it's present site it need not be dug and the expenses of digging and removal of earth can be saved. The local administration can also consider in terms of not only shifting the tahbazari market but planning a commercial split level market which gives them tahbazari from the vegetable market at one level and a commercial centre on another for this locality. How they plan this, will depend upon the ingenuity of the architectural skills of the local city planners. The court is only assisting the local administration to retrieve back its lost revenue in a disappearing concept that is tahbazari which in today's context cannot be carried on roads and streets. How they plan this, will depend upon the ingenuity of the architectural skills of the local city planners. The court is only assisting the local administration to retrieve back its lost revenue in a disappearing concept that is tahbazari which in today's context cannot be carried on roads and streets. An exercise in projecting future urban planning cannot stop but it must be in conformity with the modern times, computable with the views of the citizens of the locality within the framework of law, i.e. with peoples' participation and cooperation as long as objections and suggestions are not frivolous. On this, in todays context, there are two aspects. Law abiding and civic value citizens expect local administration to plan local areas as a model with their participation and in keeping with their views. And yet there are persons who do nothing but obstruct even good planning according to law; such people exist both within and outside the administration. On the other hand, the administration also must not plan arbitrarily without peoples' participation as the Involvement of the citizens in city planning is essential to local government. While there are many factors which construal planning and frustrate planning according to law, it is for this purpose that courts can assist the administration in executing its plans, made according to law. 13. This Court mentions this as on two earlier occasions the plan of the local administration to shift the market made within the framework of law was stymied, On this, the court is afraid the fault lay within the local administration when it selected a site for the vegetable market, the place was utilised for other purposes. Where the fault lay if is not for the court to locate it but the head of the local administration. But it must not happen again, as such slips shake public confidence in the administration and linger cases and issues before courts. At this Court had observed in its order of 7 August, 1990, "Lack of coordination is pain a matter of record, to show that one arm of local administration does not know what the other arm is doing.. How long will this go on?...." 14. This Court considers it appropriate that a copy of this order be placed before the learned Commissioner, Allahabad Division, otherwise Chairman of the local Development Authority and local administration, by either party. How long will this go on?...." 14. This Court considers it appropriate that a copy of this order be placed before the learned Commissioner, Allahabad Division, otherwise Chairman of the local Development Authority and local administration, by either party. In addition, a copy of it will be sent to the Commissioner, Allahabad Division, by the Registrar, High Court, so that he is kept abreast on these proceedings, as one slip in administration has already occured. 15. Thus, while reiterating that this Court is neither inclined to inspect the site nor require the officials to he present, as suggested, but the court does feel concerned in matters lingering in court without plausible cause. While occupation of public roads, cannot be permitted to anyone, citizens or state, the issues In the present case, the occupation of hawkers on a public road can be solved, but every time a solution is found it is destroyed within the administration. This matter needs serious and urgent attention of the local administration, thus, this Court draws the attention of the learned Commissioner Allahabad Division, Allahabad, His considered views in the aspects noticed by the Court would go a long way in the court considering that the matter is being actively deliberated to a solution and finality. Should the Commissioner be inclined to express his views in person, the liberty is granted to him to indicate it to the Registrar, High Court, that he would like to. 16. List on 3 August, 1992, along with writ petition No. 2717 of 1988.