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2015 DIGILAW 1784 (BOM)

Shantaram M. Lawande v. Mormugao Municipal Council

2015-08-04

F.M.REIS, K.L.WADANE

body2015
JUDGMENT : F.M. REIS, J. Heard Mr. Nigel Da Costa Frias, learned Counsel appearing for the petitioners, Mr. S.D. Padiyar, learned Senior Advocate appearing for respondent no.1 and Ms. P. Bhandari, learned Additional Government Advocate appearing for respondents no.2 to 4. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondents waive service. 3. The above Public Interest Litigation Writ Petition filed by the petitioners, inter alia, seeks for the following reliefs: (a) For a writ of mandamus, or any other writ in the nature of mandamus or any order or direction commanding the Respondents to act and to ensure that no stalls are allotted or allowed to be erected on the footpaths and the streets in Vasco da Gama city during the forthcoming Saptah festival so as to block the free movement of the pedestrians and continuous flow of smooth traffic. b) For a writ of mandamus or any other writ in the nature of mandamus or any order or direction thereby commanding the Respondents to restrict the Saptah fair to a maximum of two days i.e. the day of the actual festival and the next day. c) For a writ of mandamus or any other writ in the nature of mandamus or any order or direction thereby commanding the Respondents to adopt the remedial measures suggested in paragraph X hereinabove. d) Such other reliefs this Hon'ble Court deems fit in the facts and circumstances of this case. e) For costs of this petition. 4. We have heard learned Counsel appearing for the respective parties. During the course of the hearing, it was pointed out that by an order dated 24/07/2014 passed in the above Writ Petition, specific directions were issued to the learned District Collector to examine measures to regulate and facilitate the annual Saptah fair on the subject footpath. The learned Collector after hearing all the concerned parties and stakeholders of such festival passed an order dated 31/07/2014. On perusal of the said order, we find that the learned District Collector has minutely examined all the different factors in connection with the subject festival which goes on for a period of 7 days and has issued directions to regulate traffic as well as the movements of the pedestrians and the installation of the stalls on the subject foot path. The District Collector has accordingly directed steps needed to be taken by the concerned parties with regard to such festival by observing thus: 1) Duration of the Saptah/Stalls: The duration of the Saptah Festival shall be for seven days only starting with the first day of religious ceremony of Dev Damodar. On completion of seventh day, all the stalls should be removed by midnight of 8th day. Failure to remove the stalls by the vendor, the Chief Officer with the help of his team and police take action as per the municipal Act in force. Considering the space and movement of devotees the Mormugao Municipal Council is allowed to put up one thousand stalls during the festival, starting from 02/08/2014 to 08/08/2014. 2) Law and Order: Superintendent of Police, South shall prepare a detail scheme for police bandobast to deal with any law and order situation. Additional care should be taken to maintain peace, tranquility and communal harmony. Necessary magisterial arrangement will be done by District Administration. 3) Traffic Regulation: Deputy Superintendent of Police (Traffic) South shall prepare scheme for traffic control during the entire period of Saptah Festival. Diversion of traffic by F.L. Gomes road, Khariwada road etc. shall be decided well in advance and proper sinages be got installed at various places through Chief Officer, Mormugao Municipal Council. Proper parking islands be demarcated and declared to the public well in advance. 4) Police Control Room: Superintendent of Police, South to set up police control room alongwith the viewing system of CCTV surveillance which will be arranged by the Chief Officer, Mormugao Municipal Council. Nine watch towers erected by Mormugao Municipal Council shall be properly manned by Police. DFMD whenever requested to be installed for better safety of the public. Use of music beyond permissible time be controlled by police. (5) Illumination: Electricity Department shall take initiative for optimum illumination of the street lights from Headland Sada to Vasco city. An officer not below the reank of AE/JE be deputed round the clock more specifically from 6.00 p.m. To 6.00 a.m. in the control room set up by Mormugao Municipal Council in municipal garden. 6) Drinking water: Public Work Division (PHE) Water supply to install temporary water connections for supplying portable drinking water. An officer not below the reank of AE/JE be deputed round the clock more specifically from 6.00 p.m. To 6.00 a.m. in the control room set up by Mormugao Municipal Council in municipal garden. 6) Drinking water: Public Work Division (PHE) Water supply to install temporary water connections for supplying portable drinking water. 7) Health Services: Health offices, Urban Health Centre, Chicalim to depute Medical team with ambulance to report to control room set by the Mormugao Municipal Council in municipal garden. Health officer to carry out fogging around the Swatantrapath road and Fr. Jose Vaz road everyday. 8) Food & Drug Department: Food and Drug Department to depute their inspectors to check the stalls selling eatable and food items. 9) Fire Services: Fire tender alongwith his rescue team should be stationed at the festival site for all seven days. 10) Sanitation: Mormugao Municipal Council should see that Mobile Toilets, Municipal Toilets and Sulabh Toilets are cleaned every six hourly to maintain proper Sanitary condition. 11) Bars and Liquor shops: Commissioner of Excise to regulate the closing time of Bars and Liquor Shops in the Vasco Town and its suburbs. 12) General Cleanliness and Disposal of garbage: Mormugao Municipal Council should ensure that the festival venue and the surrounding area is kept clean and garbage free during the period of festival. 13) Illegal Stalls and Exhibitions : Mormugao Municipal Council should take action against all the illegal stalls and exhibitions put up by Individuals or Groups on the Footpath, Roads, Private places including Institution, Club, Public Halls etc. without written permission and violating the Municipal Act. Mormugao Port Trust should obtain necessary permission before allowing their Hall for commercial purpose or should direct the vendors to obtain such licence/permission to conduct commercial activity from Mormugao Municipal Council. 14) Furniture and Steel Products: Wooden and Steel furniture require a large space and parking area for the vehicles for hire which cause congestion to the traffic. It is a major complaint of the petitioners that wooden and steel furniture vendors occupy the space for more than 20 days and cause traffic congestion. It is also their complaint that Mormugao Municipal Council collects tax/fees but does not take any action to remove them from the foot-path. It is a major complaint of the petitioners that wooden and steel furniture vendors occupy the space for more than 20 days and cause traffic congestion. It is also their complaint that Mormugao Municipal Council collects tax/fees but does not take any action to remove them from the foot-path. Since the Saptah is on 2nd August and there is very short time to change the place for the vendors as proposed by the petitioners and not to create any unpleasant situation which may lead to law and order it is decided to allow the wooden and steel furniture vendors by temporarily closing the part of Swatantra Path road from Casa Poracasa Material Movement Pvt. Ltd. Office on Swatantra Path road to I.O.C. Junction for seven days. All the furniture vendors shall vacate their stalls by midnight of 8th day i.e. on midnight of 9th August, 2014, failing which the Mormugao Municipal Council with the help of police will take action as per municipal Act in force. This arrangement has been done for this year only and should not be considered as a rule or precedent or tradition for the next year. The Sawatantra Path road from Joshi Circle to PWD office shall be kept free from any parking for smooth flow of traffic. After hearing the petitioners and the Margao Municipal Council and other authorities, it is decided that from next year onwards all the furniture vendors (wooden or steel) shall be allotted space at Baina in front of the Ravindra Bhavan adjoining Baina Beach. Mormugao Municipal Council should prepare a plan of allotment and declare the same at least three months in advance on local dailies for the knowledge of public. All other arrangements shall be done by the Mormugao Municipal Council. 15. Closing of road: It is decided to temporarily close portion of Swatantra Path Road from : 1) M/s. Cosme Mathais Menezes to Mascarenhas Building, Opposite St. Andrew Church (2) Fr. Jose Vaz Road from Electricity outpost, Vasco, Near Apna Bazar to Hotel Leena, Opp. St. Andrew Church, (3) Portion of Swatantra Path road from Casa Pracosa Material Movement Pvt. Ltd. Office to I.O.C. Junction for all types of vehicular traffic for seven days starting from first day of the religious ceremony of Dev Damodar i.e. from 02/08/2014 to 08/08/2014 only. Jose Vaz Road from Electricity outpost, Vasco, Near Apna Bazar to Hotel Leena, Opp. St. Andrew Church, (3) Portion of Swatantra Path road from Casa Pracosa Material Movement Pvt. Ltd. Office to I.O.C. Junction for all types of vehicular traffic for seven days starting from first day of the religious ceremony of Dev Damodar i.e. from 02/08/2014 to 08/08/2014 only. The closure of above roads is for temporary period of seven days as an exception to the rule and once in a year in view of its requirement considering safety of the Devotees visiting the Saptah Festival. Not to cause any inconvenience to the residents residing along this road during emergency situation the Police may take any steps to make the entire road or portion of the road motorable to meet the exigencies. No any kind of annoyance, discomfort be caused to the residents of the vicinity. Clear motorable access of three mtrs. should be maintained for movement of fire tender and ambulance during emergency. 16) Use of music/loudspeaker: Necessary permission should be obtained from the Sub Divisional Magistrate, Mormugao for use of music/loudspeaker. At no point of time music should be placed beyond 10.00 p.m. Mormugao Municipal Council should allot parking spaces duly illuminated and secured with security personnel to the affected residents to park their vehicles during the period of closure of above roads. A team of officers consisting of Deputy Collector & SDM, Mormugao, Deputy Superintendent of Police, Mormugao, Deputy Superintendent of Police (Traffic), South and Chief Officer, Mormugao Municipal Council shall oversee the entire arrangement during the seven days of Saptah festival and take immediate steps to maintain peace and harmony. 5. Upon hearing the learned Counsel for all the parties, we find that the directions issued by the learned District Collector are reasonable and, in fact, it is not disputed that on the earlier occasions the festival at the subject footpath were smoothly conducted. In such circumstances, we find that the directions issued by the learned Collector should be complied with by the concerned authorities every year when such festival takes place at the subject footpath. 6. Mr. In such circumstances, we find that the directions issued by the learned Collector should be complied with by the concerned authorities every year when such festival takes place at the subject footpath. 6. Mr. Nigel Da Costa Frias, the learned Counsel appearing for the petitioners has also brought to our notice some additional directions issued by an order dated 8/08/2014 to the effect that the respondent no.2 was called upon to identify the hawkers' zone for the concerned festival and examine whether the furniture stalls can be relocated to some other suitable place. 7. We find that the respondent no.1 should accordingly examine the location of a hawkers' zone and consider shifting all the furniture stalls to ensure better movement and facilitation at the festival preferably from the year, 2016. Respondent no.1 shall accordingly try and identify suitable place and consider the said directions of the Collector as expeditiously as possible. 8. In view of the above, we find it appropriate to dispose of the above Writ Petition on the basis of all the directions issued by the Collector in the order dated 31/07/2014 as mentioned in clauses (1) to (16) except clause no.1 instead of the dates referred to therein it shall be read as 7 days. As such, we hereby direct the concerned authorities to comply with all the aforesaid directions as mentioned at clause (1) to (16) as stated at para 4. Liberty to the concerned parties to move the Collector for any extension of the time period of such festival. In case such application is filed, the learned Collector shall examine such request after hearing all the concerned parties as the learned Collector deems fit and impose further conditions, if any, in accordance with law. Rule is made absolute in the above terms.