JUDGMENT This petition has been filed seeking a direction for removal of the police station for Bogda Nos. 1, 2 & 3. The contention of the counsel for the petitioner is that the State Government has acquired the land for constructing railway over bridge and the same has been constructed and was named as Sardar Patel Over bridge. Between the pillers of the bridge space was provided and same was kept reserve for parking, but meanwhile, a police station has been constructed between pillers 1, 2 & 3 and now some shops are being constructed by the Municipal Corporn., Indore. Respondent No. 1 has filed reply and has submitted that the police station was established in the year 1980 by a notification No. 2973 dated 15.9.80, as the same is necessary for maintaining law and order and for providing protection to the people in general and rail passengers in particular, 16 shops have already been constructed. The State Govt., respondent No. 2 has also filed a similar reply including about the construction of the shops. It has also been submitted that the police station is working there for the last more than 10 years. This fact that the establishment of police station long back and the completion of 16 shops has not been controverted. In our opinion, therefore, this petition deserves dismissal on the ground of laches and delay. Nothing has been shown to indicate that the space between the pillars was wholly reserved for parking. It is the duty of the Corporation to look into the interest of the public including the pedestrian and vehicle holders. It is also the duty of the Corporation to provide shops at important places for the convenience of the public. There is nothing to show that the act of the Corporation is wholly illegal or against a sanctioned plan. In our opinion, therefore, it is not a fit case for interference in exercise of extra ordinary powers under Article 226 of the Constitution of India. Before parting with the case we would like to observe here that Corporation in a welfare State is required to look into convenience and interest of the people on priority basis and should not act only as a business concern for earning money by constructing shops or such other buildings, whereby rent and profit can be earned.
Before parting with the case we would like to observe here that Corporation in a welfare State is required to look into convenience and interest of the people on priority basis and should not act only as a business concern for earning money by constructing shops or such other buildings, whereby rent and profit can be earned. We hope and trust that the Corporation shall not only follow the rules and the plans but shall also look to the needs of the people including the needs of the parking of vehicle. It is also expected that equal treatment shall be given to all concerned, who make prayer for allotment of shop. This does not mean that shop should be constructed against the plan or against the interest of the people in general. They are further required to keep sufficient space for parking so that there is no blockade of traffic. Subject to these observations this petition is dismissed.