Judgment F.M. Reis, J. The above Public Interest Litigation filed by the petitioner on the ground that the feat of the Holy Spirit is celebrated in the months of May or June every year and the feast of Our Lady of Immaculate Conception is celebrated on 8th of December every year and the religious ceremonies are performed within the Church premises situated at old market, Margao Goa. But however, during the said festive occasion, a traditional fair is organized where artisans and others sell their products which would last for a period of three days including the feast day. Such fair was organized originally in the open space in front of the Church but however, over the years as the Church required the open space for religious activities, the fair gradually shifted to the roads near the Church and even in the open space in front of the building of the Civil and Criminal Court. Such activities according to the petitioner used to attract the local artisans and producers of household articles and items of daily necessity which were sold during such fair. 2. It is further the contention of the petitioner that over the years the fair has metamorphosed beyond recognition and no longer serves the purpose for which the fair was originated. The traders particularly from outside Goa have begun to take advantage of the fair and displaying all types of manufactured goods on the roads and side walls on the occasion of the two feats. It is further contended by the petitioner that the temporary stalls are set up on the footpaths from old market traffic circle towards KTC bus stand, towards District Court, towards Colva and also the road entering into Margao City. Consequently, the roads are clogged with customers and the traffic on the roads is severally obstructed. It is further the contention of the petitioner that the traffic entering into the City of Margao from northern side enters through the said traffic circle at old market and traffic is regulated by the traffic police. Even routinely there is congestion on account of the number of vehicles entering the City of Margao. The fair proceeds for a period of over 10 days and can neither be considered to be traditional nor necessary. Even routinely there is congestion on account of the number of vehicles entering the City of Margao. The fair proceeds for a period of over 10 days and can neither be considered to be traditional nor necessary. It is further the contention of the petitioner that the Municipality are acting in collusion to allow the fair much to the detriment of public interest and in violation of all laws despite the fact that even in normal course the roads at the site are not sufficiently broad to meet the increasing number of vehicles. It is further their contention that on the occasion of such fair the surrounding get vitiated and the paddy fields around are used by the public to ease themselves thereby creating a health hazard. The footpaths and the roads according to the petitioner cannot be used for setting up the stalls for the fair since the same causes hardships to the public. It is further contended that the public roads and footpaths are built for vehicular traffic and foot passage respectively and not to be utilized for other purposes to the detriment of such public interest. It is also contended that there is sufficient open space owned by the SGPDA by the side of Osia Complex, opposite District Court Margao, where the fair could be accommodated without causing any disturbance to the traffic. It is further the contention of the petitioner that the petitioner issued a notice to the respondents contemplating legal action on account of such fair being conducted on the footpaths and causing obstructions to the vehicular traffic. But however, no action was being taken to remediate such situation or dislocate the fair to any other place where the vehicular traffic and the pedestrian would not be affected. As such, the petitioner filed the above Writ Petition inter-alia for a writ of mandamus directing the respondents to act and to ensure that no stalls are allotted or allowed to be erected on the footpaths so as to block the free flow of pedestrians and continuous flow of smooth traffic. Further directions are also sought to transfer the stalls on the open ground of SGPDA. 3. Further directions are also sought to transfer the stalls on the open ground of SGPDA. 3. By interim directions issued by this Court by order dated 09.06.2011, there were different measures directed to be complied with to ensure that the stalls should not be erected on the footpaths along the main road entering the city of Margao. By order dated 08.04.2015, after hearing the matter for some time, the State of Goa and the South Goa Planning and Development Authority, Margao were impleaded as respondent nos. 2 and 3 to the above Writ Petition. During the course of hearing held on 24.08.2015, the learned counsel appearing for the respondent no.1 has brought to our notice a plan/croqui disclosing different locations where several stalls for the fair on the occasion of the two feats could be re-located. We find that the manner in which the fair was conducted on the public roads and footpaths thereby causing severe obstructions in the movement of traffic and risk to the lives of the pedestrian as well as the public taking part in such fair was not at all justifiable and as such the fair had to be re-located so as to avoid such congestion and allow the free movement of traffic. Accordingly, we directed the concerned authorities to appear before the learned Collector and District Magistrate, South Goa, Margao to examine the feasibility or otherwise of the proposal submitted by the respondent no.1 with regard to the location of the fair on the occasion of the two feats. The learned Collector has in fact heard all the stakeholders of such fair and had a meeting to examine the feasibility of organizing the fairs. At the said meeting the following persons were persons. 1. Shri S.M. Prabhudessai, Superintendent of Police (South), Margao Goa, 2. Shri L.S.R. Pereira, Additional District Magistrate, South Goa, Margao, 3. Shri Y.B. Tavde, Chief Officer, Margao Municipal Council, 4. Shri Vinod Kumar Chandra, MS, SGPDA, 5. Shri G.B.P. Mhapne, Dy. S.P. (T), South, Margao, 6. Shri M.P. Yallurkar, EE Div, VI, PWD, Fatorda, 7. Shri P.M. Naik, AE Div. XIV (NH), PWD, 8. Dr. Martinha Fernandes, M.O. Urban Health Centre, Margao, 9. Shri Rajendra A. Haldankar, Divisional Officer, 10. Shri Surendra D. Gaonkar, M.E. Margao Municipal Council, 11. Shri Suhan Faldessai, 12. Shri Damodar K. Yelekar, ACAO, MMC, Margao. 13. Shri Vishant M. Naik, M.E. G-II, MMC, Margao, 14. Shri P.M. Naik, AE Div. XIV (NH), PWD, 8. Dr. Martinha Fernandes, M.O. Urban Health Centre, Margao, 9. Shri Rajendra A. Haldankar, Divisional Officer, 10. Shri Surendra D. Gaonkar, M.E. Margao Municipal Council, 11. Shri Suhan Faldessai, 12. Shri Damodar K. Yelekar, ACAO, MMC, Margao. 13. Shri Vishant M. Naik, M.E. G-II, MMC, Margao, 14. Shri Mohan Komarpant, S.I. 15. Shri Raison Almeida, Chairman GGF 16. Shri A. Fernandes, 17. Shri Leo Fernandes, Secretary, GGF 18. Shri Joseph B. M. Dias, GGF Member. 4. The various authorities and the persons present at the said meeting gave different suggestions for organizing the fairs on the occasion of two feats. All the concerned parties concurred that the fair at the present location was not feasible. The learned Collector as such after due discussion gave three Options namely A, B and C. The said Options read thus : Option A : 1. SGPDA ground with approximate area of 12,000 square metres wherein 800 stalls can be accommodated and 2. Road towards Colva and ring road for a length of 800 metres can accommodate 570 stalls that is total 1,370 stalls. (As reflected on map). Option B : 1. Along Panjim-Margao road facing SGPDA complex for length 385 metres can accommodate 165 stalls. All shops should be facing towards Osia complex and not towards the road side. 2. Road towards Colva and ring road can accommodate 570 stalls which totals to 735 stalls. (As reflected on map). The 800 meter road towards ring road is at present unused, because of which there is growth of vegetation, shrubs along the road, there is inadequate provision of light. This option can be made serviceable if PWD and Electrical Engineers undertake the work for clearing of roads and making adequate provision for electricity. Option C : Municipal acquired land for parking from Colva Circle to KTC bus stand area of 23,000 square metres can accommodate 1400 stalls which is low lying area. The said proposal can be considered only after the development of parking plaza by G.S.U.D.A. This place is an ideal location for conducting the fair. (As reflected on map). 5. The learned Collector has also recommended additional steps to be followed to conduct the fair smoothly which read thus : 1. Temporary electricity connection for stalls should be obtained from the Electricity Department, 2. (As reflected on map). 5. The learned Collector has also recommended additional steps to be followed to conduct the fair smoothly which read thus : 1. Temporary electricity connection for stalls should be obtained from the Electricity Department, 2. Necessary clearance certificate should be obtained from all the concerned authorities, 3. PWD to look into the arrangements of the road maintenance. 4. Each stall must be provided with dustbins for segregation of waste. 5. Duration of the Stalls : The duration of the stalls shall be for seven days only. On completion of seventh day, all the stalls should be removed by midnight of 8th day. Any 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. 6. Law and Order : The Superintendent of Police, South shall prepare a detailed 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 arrangements will be done by District Administration. 7. Traffic Regulation : The Deputy Superintendent of Police (Traffic) South shall prepare scheme for traffic control during the entire festival period. Proper parking islands shall be demarcated and declared to the public well in advance. 8. Police Control Room : The Superintendent of Police, South to set up police control room along with the viewing system of CCTV surveillance which will be arranged by the Chief Officer, Margao Municipal Council. Nine watch towers shall be erected by Margao Municipal Council and shall be properly manned by police. DFMD whenever requested to be installed for better safety of the public. Use of music beyond permissible time shall be controlled by police. 9. Illumination : Electricity Department shall take initiatives for optimum illumination of the street lights along road towards ring road. An officer not below the rank 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 Margao Municipal Council in municipal garden. 10. Drinking water : Public Work Division (PHE) Water supply to install temporary water connections for supplying portable drinking water. 11. Health Services : The Health Officer, Urban Health Centre, Margao to depute Medical team with ambulance to report to control room set by the Margao Municipal Council. 12. 10. Drinking water : Public Work Division (PHE) Water supply to install temporary water connections for supplying portable drinking water. 11. Health Services : The Health Officer, Urban Health Centre, Margao to depute Medical team with ambulance to report to control room set by the Margao Municipal Council. 12. FDA : The Food and Drug Department to depute their Inspectors to check the stalls selling eatable and food items. 13. Fire Services : Fire Tender along with the rescue team should be stationed at the site for all seven days. 14. Sanitation : Margao Municipal Council should see that Mobile Toilets, Municipal Toilets and Sulabh Toilets are cleaned every six hourly to maintain proper Sanitary condition. 15. Bars and Liquor shops: Commissioner of Excise to regulate the closing time of Bars and Liquor Shops in the Margao Town and its suburbs. 16. General Cleanliness and Disposal of garbage : Margao Municipal Council should ensure that the festival venue and the surrounding area is kept clean and garbage free during the period of festival, each shall must have separate bins for collection and segregation of wastes at source. 17. Illegal Stalls and Exhibitions : Margao 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. 6. After receiving the said options and recommendations of the learned Collector, we have heard the learned counsel for the respective parties. During the course of the hearing of the above petition, the Chief Officer as well as the Engineers of the respondent no.1 were present. The representatives of the SGPDA-respondent no.3 were also present. The learned Advocate General was present and appeared on behalf of the State of Goa-respondent no.2. 7. Upon hearing the learned counsel, before we proceed to examine the grievances raised by the petitioner in connection with the two fairs, we would like to record that the law as in force recognizes the duty of the Municipal Corporation to maintain and improve the public streets in the city which are essentially provided for the people to walk and ply their vehicles. They are meant to facilitate the people to travel and the footpaths constructed along the public streets are meant for the people to walk as they have a right to use the footpaths or footways. In this connection, the Apex Court in the judgment reported in (1989) 4 SCC 155 in the case of Sodan Singh and others V/s New Delhi Municipal Committee and others, has observed at para 14 thus : “14. The primary object of building roads is undoubtedly to facilitate people to travel from one point to another. Quoting several authorities Byron K. Elliott and William F. Elliott in their treatise on the Law of Roads and Streets have defined a street as a road or public way in a city, town or village. A way over land set apart for public travel in a town or city is a street, no matter by what name it may be called. If a way is free to all people it is a highway. P. Duraiswami Aiyangar in his book dealing with the Law of Municipal Corporations in British India (1914 Edn.) has observed that the primary and paramount use of the street is public travel for man, beast and carriage for goods. On behalf of the respondents reliance has been placed on the oft-repeated adage that public have a right of passing and re-passing through a street but have no right “to be on it”, which Shri Aiyangar also has mentioned at page 542 of his book. Halsbury, relied upon by both sides, has stated (Vol. 21 para 107) that the right of the public is a right to pass along a highway for the purpose of legitimate travel, not to be on it, except so far as the public’s presence is attributable to a reasonable and proper user of the highway as such. These statements certainly do not mean that a traveller has to be in perpetual motion when he is in a public street. It may be essential for him to stop some time for various reasons — he may have to alight from a vehicle or pick up a friend, collect certain articles or unload goods or have to take some rest after a long and strenuous journey. It may be essential for him to stop some time for various reasons — he may have to alight from a vehicle or pick up a friend, collect certain articles or unload goods or have to take some rest after a long and strenuous journey. What is required of him is that he should not create an unreasonable obstruction which may inconvenience other persons having similar right to pass; he should not make excessive use of the road to the prejudice of the others. Liberty of an individual comes to an end where the liberty of another commences. Subject to this, a member of the public is entitled to legitimate user of the road other than actually passing or re-passing through it.” (emphasis added) 8. Mr. Padiyar, learned counsel appearing for the respondent no.1 was attempting to contend by relying upon the judgment reported in (2010) 10 SCC 715 in the case of Gainda Ram and others V/s Municipal Corporation of Delhi and others that to protect the right of the hawkers to carry out their business activities on the footpath, a bill is in process being the street vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2009. But however, the right under Article 19(1)(g) of the Constitution is very broad. The hawkers and squatters have a fundamental right to carry on business on the public streets, but such activities have to be regulated as they are subject to reasonable restrictions under Article 19(6) of the Constitution. It is however to be noted that the subject fairs are not conducted by the hawkers but by the persons who are permitted to erect temporary structures on such occasion. The right of hawkers to transact business by going from place to place can be regulated by imposing reasonable restrictions taking note of the public interest at large. In any event in the present petition, we are examining how to regulate the fairs which are conducted annually on the occasion of the two feats on the main road and causing obstructions to the pedestrian using the footpaths and footways. It is well settled that the right to life enshrined in Article 21 of the Constitution is not of mere survival or existence but also guarantees the right of persons to live with human dignity. It is well settled that the right to life enshrined in Article 21 of the Constitution is not of mere survival or existence but also guarantees the right of persons to live with human dignity. In such circumstances, anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent degradation of environment or pollution affecting him. In the present case, there are specific averments that on the occasion of such fairs the environment gets polluted and as such the acts of nuisance can lead to health hazard and have an adverse psychological effect. Considering the overall facts and circumstances of the case and looking into the photographs produced on record, we find that organizing the fairs on the main road leading from Panaji to Margao and the road leading to Ponda along the District Court cannot be permitted. Conducting such fairs on these main roads cause severe obstructions to the movement of the pedestrian as both the footpaths and footways are blocked by the customers who visit the stalls and as such the public are forced to move along the main road obstructing the smooth flow of vehicular traffic entered into Margao City. In such circumstances, we find that Option A as suggested by the learned Collector would be more appropriate and reasonable in the facts and circumstances of the case. 9. We had also called upon the learned Collector to examine whether a part of the ring road which is now under construction and has been asphalted and is unutilized could also be used to conduct such fair. Accordingly, after hearing all the concerned parties, the learned Collector has suggested the options enumerated herein above. Option A with some modification as such is the most suitable and appropriate. Option A inter-alia stipulate that in the SGPDA ground with an approximate area of 12000 square metres 800 stalls can be accommodated and as such would be the most suitable as also the road towards Colva and the ring road for a length of 800 metres which can accommodate 570 stalls. During the course of the hearing of the above petition, the learned counsel appearing for the petitioner, and respondent no.3 -SGPDA wanted the Court to determine the amount of fees to be paid by the Municipality-respondent no.1 to the respondent no.3 for conducting the fair on the occasion of the two feats. During the course of the hearing of the above petition, the learned counsel appearing for the petitioner, and respondent no.3 -SGPDA wanted the Court to determine the amount of fees to be paid by the Municipality-respondent no.1 to the respondent no.3 for conducting the fair on the occasion of the two feats. But however, it is pointed out by the Member Secretary of the SGPDA that this aspect would have to be discussed and agreed upon by the concerned officials of the respondent nos.1 and 3. We accordingly, call upon the respondent nos.1 and 3 to work out the amount payable on account of such fees and other terms and conditions subject to which the fair can be conducted on the SGPDA ground on the occasion of two feats at the earliest. In case of any difference with that regard, the respondent no.2 -State Government shall intervene and take a final decision on such aspect. 10. With regard to the location of the subject fairs as per Option A referred to herein above, Mr. Padiyar, learned counsel appearing for the respondent no.1 has placed on record a plan depicting the places where such fair would be located namely the SGPDA ground and the road leading to Colva and the ring road. The said plan is taken on record and marked 'X' for identification. On perusal of the said plan, we find that the main road leading from Panaji to Margao up to the old market circle as well as the road leading to Margao City will not be used for the subject fairs. The plan also discloses different portions of the road where the subject fairs would be located. But however, after hearing the learned counsel appearing for the respective parties, we find that erecting stalls on the northern side of the Margao-Colva road would not at all be justified considering the width of the road and the movement of vehicular traffic. Hence, no stalls shall not be permitted on the northern side of the Margao-Colva road. The stalls permitted to be erected on the southern side of Margao-Colva road would be strictly in accordance with the plan marked 'X' for identification and the concerned authorities shall ensure that there is no obstruction to the movement of the pedestrian or that any vehicular traffic is affected on such occasion. 11. The stalls permitted to be erected on the southern side of Margao-Colva road would be strictly in accordance with the plan marked 'X' for identification and the concerned authorities shall ensure that there is no obstruction to the movement of the pedestrian or that any vehicular traffic is affected on such occasion. 11. In view of the above and taking note of the overall facts and circumstances of the case and for the reasons stated herein above, we pass the following : ORDER (i) The respondents are directed that the fairs on the occasion of the feast of Holy Spirit and the feast of Our Lady of Immaculate Conception shall be conducted at the SGPDA ground and the roads leading to the Colva on the southern side only, the ring road and the internal road referred to in Option A in the said recommendations of the learned Collector on the spaces as depicted in the plan marked 'X' for identification. (ii) The respondents are directed not to allow any stalls/structures to be erected for such fairs on the main Panajim-Margao road up to the old market circle, the road leading to Margao City on the southern side and the road leading to Ponda on the eastern side of the said traffic circle. (iii) Remaining conditions/steps as mentioned in the report of the learned Collector and specified at para 5(1) to (17) herein above shall form part of the directions of this Court. (iv) The said two fairs on the occasion of the said two feats shall be conducted in the light of the observations made herein above in accordance with law. (v) Rule is made absolute in above terms. (vi) Liberty to the parties to apply. (vii) The petition stands disposed of accordingly.