Judgment Mr. A.S. Nayal, learned Divisional Commissioner, Mr. Akshat Gupta, Collector, Nainital, Mr. Rohitash Sharma, Executive Officer, Nagar Palika Parishad, Nainital, Mr. Shrish Kumar, Secretary, Nainital Lake Region Special Area Development Authority are present in person before this Court. All the responsible officers present in person have shown their sincere concern about the protection of human lives and properties nearby Baliyanala. It is reported that 28 families adversely affected in the Baliyanala area have already been rehabilitated. Mr. A.S. Nayal, learned Divisional Commissioner contends that reports are coming that few families who have been rehabilitated were ineligible and were not residing in Baliyanala area, therefore, he is contemplating to initiate inquiry to find out as to whether some unauthorized persons were rehabilitated. He also submits that if someone ineligible is rehabilitated, appropriate action shall be taken against that person as well as officers who have recommended the name of ineligible and have delivered possession to ineligible persons. It is further stated by Mr. A.S. Nayal, learned Divisional Commissioner as well as Mr. Akshat Gupta, learned Collector that by the end of this month 16 more eligible families shall be rehabilitated from the Baliyanala area. Both of them further contended that appropriate steps are being taken to rehabilitate all the eligible from the Baliyanala area to avoid any loss of human life due to natural disaster in the Baliyanala area. It is further contended that all the structures standing on the danger zone of Baliyanala shall be demolished after shifting the families therefrom. Mr. D.S. Patni, learned counsel for the Municipal Board, Nainital submits that as per the Municipal bye-laws about 6 feet baranadah and 4 feet open space was required to be left in front of the buildings adjoining to Mall Road and Barandah and open space cannot be covered either by the permanent structure or temporary structure. He further contends that if any commercial activity, shops and restaurant is found running over the 6 feet barandah and 4 feet open space illegally, appropriate action shall be taken to remove the same. Mr. A.S. Nayal, learned Divisional Commissioner and Mr. He further contends that if any commercial activity, shops and restaurant is found running over the 6 feet barandah and 4 feet open space illegally, appropriate action shall be taken to remove the same. Mr. A.S. Nayal, learned Divisional Commissioner and Mr. Akshat Gupta, learned Collector, in all fairness, contended before us that a survey shall be carried out on the Mall Road and all the encroachers from the Mall Road as well as persons found using Barandah and open space in front of shop and buildings, shall be asked by the notices to remove the encroachment and to restore the open space. Mr. B.C. Pandey and Mr. Sharad Sharma, learned Senior Advocates of this Court pointed out that Toll Bridge charges can be recovered only from those who intend to use Mall Road by vehicle and there is no provision to recover Toll Bridge charges from those who do not intend to use Mall Road and are going to other parts of the city of Nainital. Mr. A.S. Nayal, learned Divisional Commissioner and Mr. Akshat Gupta, learned Collector as well as Mr. D.S. Patni, Advocate fairly submitted that this aspect shall be examined and appropriate affidavits shall be filed on or before the next date fixed in this regard. All the officers present in the Court have shown their serious concern about the Dog and Monkey biting cases in the city of Nainital. Learned Commissioner submits that administration shall come up with concrete proposal in this regard. Learned Commissioner further contends that he shall be convening the meeting of all the responsible to find out alternate places to rehabilitate hawkers as well as shopkeepers of Bhotia Market. Learned Commissioner, in all fairness, further submits that administration shall take appropriate steps to find out alternate place for parking as well. Learned Commissioner submits that he is taking personal interest in the matter of preservation and beautification of the Sukhatal lake. He further submits that he hope that concrete proposal from experts may be received within next 3 to 4 weeks.