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Madhya Pradesh High Court · body

2010 DIGILAW 849 (MP)

Nemi Chand Jain v. State of M. P.

2010-08-20

A.K.SHRIVASTAVA, BRIJ KISHORE DUBE

body2010
ORDER 1. By this petition under Article 226/227 of the Constitution of India, the petitioners are seeking following reliefs: "1.A direction may, be given to the respondents not to install the platforms, Gumtis and for providing space to vegetable vendors and not to permit vegetable Thela owners to do the business on both sides of Gwalior Behta Road in Arya Nagar Morar, Gwalior. 2. Any other relief which is just and proper may kindly, be granted to the petitioners. " 2. No return has been filed by either parties. Since no return has been filed, the averments made in the petition are deemed to be admitted to the respondents. 3. This petition has been filed for Redressal of the grievance of public at large for directing the respondents not to install the platform, Gumtis for providing space to vegetable vendors and not to permit handcarts vegetable vendors to do the business on both the sides of Gwalior Behta Road in Arya Nagar Morar, Gwalior. 4. According to us this relief should be immediately granted to the petitioners and we hereby direct that the respondents shall not permit to install any kind of platforms, Gumtis for providing space to vegetable vendors and shall not permit handcarts vegetable vendors or any other vendors to do the business on both sides of Gwalior Behta Road in Arya Nagar Morar, Gwalior. The platforms, Gumtis temporary structure on which the vendors are selling vegetables, foods or other items, the same shall be immediately removed from the road. 5. It has been put forth by the learned counsel for the petitioners that the same havoc condition is going on in Sadar Bazar area of Morar and from the rear side of V.V.I.P. Circuit House, to Baradari Chouraha, and therefore, the same treatment be provided for this area also. 6. Shri Khedkar, learned Government Advocate as well as Shri P.D. Bidua have rightly contended that the same situation is also present in that area and, therefore, by allowing this petition, we hereby pass the following order: (i) The entire area from circle of Baradari Chouraha up to triangle of Hurawali Temple as well as the entire area from rear side of VVIP circuit house, Morar (which is commonly called as Garam Sadak), up to circle of Baradari Chouraha through entire Sadar Bazar be made free from all kind of encroachments. (ii) Respondents shall also not permit these elements to install again the termporary platforms, Gumtis, etc. on public way. (iii) All handcrafts, platforms, temporary structures, Gumits, etc. installed and put by vegetables vendors and all other vendors, etc. be removed so that without any hindrance and obstruction cars, scooters, motor-cycles and other motor vehicles and the public at large may access and use public way smoothly. (iv) If on the public way the respondents find any temple, mazar, etc. the same may also be removed so that the public way for which it is meant for may be used by the public at large. (v) The respondents shall also not permit these elements to instal again temporary platform, Gumits, etc., on the public way, (vi) Public way would not only mean the road but encroachments which are made on both the sides of the road also and all these encroachments to removed. (vii) After removing the encroachments, the respondents are hereby directed to perform the plantation work which will serve not only the society at large but will protect the Universe also. All kind of plantation may be done except Peepal and Bargad so that anti-social elements may not put any kind of vermilion, marks including Sindur on those plants. 7. The respondents are directed to carry out all the directions with immediate effect. The order passed in Madan Mohan Kaushik v. State of M.P and others reported in 2007 (3) JLJ 6 = 2007 (4) MPLJ 298 shall apply mutatis mutandis in this matter. It is further made clear that if the respondents fail to carry out the directions issued by this Court, the petitioners shall be free to file a contempt petition after 30 days from today. 8. A copy of the order be provided to learned Government Advocate as well as Shri P.D. Bidual, learned counsel for the respondent/Municipal Corporation, free of cost. 9. With the aforesaid observations this petition is allowed and disposed of.