Sardar Market Girdikot Vyapar Sanstha v. State Of Rajasthan
2021-08-04
MANOJ KUMAR GARG, SANDEEP MEHTA
body2021
DigiLaw.ai
JUDGMENT 1. The petitioner in Contempt Petition No.909/2019 i.e. The Sardar Market Girdikot Vyapar Sanstha, Jodhpur, which is an Association of Shopkeepers having shops in the Sardar Market, Ghantaghar, Jodhpur, and is represented by Shri Anirudh Purohit, Advocate. 2. The petitioner in Contempt Petition No.7/2020 is the Rajasthan Thela Aur Footpathi Vyapari Union, Jodhpur, which is a union of street vendors claiming to have been illegally dislodged from the Sardar Market under directions of this Court, and is represented by Shri Shree Dhar Purohit, Advocate. 3. The petitioners in Writ Petition No.881/2020 are/were the members of the Town Vending Committee and are represented by Shri Shree Dhar Purohit, Advocate. 4. In Contempt Petition No.909/2019, the shopkeepers-association has alleged that despite pertinent directions of this Court, the street vendors are still thronging the Sardar Market creating obstacles in the thoroughfare of the public at large and thus they as well as the respondent officials who have failed to ensure compliance have committed contempt of the order dated 05.10.2015 passed by the Division Bench of this Court in D.B. Civil Writ Petition (PIL) No.2910/2008. 5. The Contempt Petition No.7/2020 has been filed by the Rajasthan Thela Aur Footpathi Vyapari Union, Jodhpur with an averment that the order dated 05.10.2015 has not been complied with in its letter and spirit and the members of the petitioner-association have been unauthorizedly removed from the Sardar Market and thus they are being deprived from earning their day to day livelihood. 6. During the course of oral arguments Shri Shree Dhar Purohit, learned counsel representing the petitioner-association, alleged that on the one hand, poor street vendors have been illegally ousted from the Sardar Market and taking undue advantage of their plight, the shopkeepers have made unauthorized encroachments on the areas of the market from which the vendors were ousted. In support of this contention, various photographs, apparently showing encroachments by the shop-keepers, were shown to us. 7. Writ Petition No.881/2020 has been filed by petitioners claiming to be elected members of the Town Vending Committee and that the State Government and Municipal Corporation are not acting faithfully in accordance with the provisions of the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2014. 8. Mr.
7. Writ Petition No.881/2020 has been filed by petitioners claiming to be elected members of the Town Vending Committee and that the State Government and Municipal Corporation are not acting faithfully in accordance with the provisions of the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2014. 8. Mr. Rajesh Panwar, learned counsel representing the Municipal Corporation, Jodhpur, has placed on record a copy of the Final Street Vending Plan approved by the Municipal Corporation and points out that as many as 9 dedicated vending zones have been sanctioned by the duly constituted committee, after due consideration of the data collected during the course of the enqiry and that the State Government has granted administrative approval to this plan by its order dated 07.12.2020. He, thus, urges that the orders passed by this court have been complied with in their letter and spirit and hence, the contempt petitions deserve to be disposed of. 9. In order to ascertain genuineness of the allegations made by Mr. Shree Dhar Purohit, we put a pertinent query to Mr. Rajesh Panwar as to whether the shopkeepers have encroached upon the areas beyond their shops, to which, Mr. Panwar agreed that a few encroachments have been reported. It cannot be gainsaid that the problem of greedy shopkeepers indulging in rampant encroachments on footpaths and roads is like a termite infestation which is devouring the roads and public footpaths causing havoc to the infrastructure meant for public at large. The shopkeepers rampantly encroach upon the pavements for displaying their wares etc. Many instances are seen, wherein footsteps etc. are illegally erected by the shopkeepers in order to increase their area of business. In some areas, the roads have virtually been covered up and major part thereof has been encroached. Such kind of encroachments cannot be tolerated by any stretch of imagination because ultimately, they would eat up the passages meant for pedestrians and would lead to reduction in the width of roads. Any encroachment, be that on pavement or on any such areas which is not private, is a violation of Section 244 of the Municipalities Act, which reads as below:- 244.
Any encroachment, be that on pavement or on any such areas which is not private, is a violation of Section 244 of the Municipalities Act, which reads as below:- 244. Displacing pavements etc.- (1) Whoever displaces, damages, takes up of makes any alteration in or otherwise interferes with the pavement, gutter, storm water drain, flags or other materials of any public street, or the fences, walls or posts thereof, or any municipal lamp, lamp post bracket, water-post, direction post, hydrant, water pipe or any other municipal property therein, thereon or thereunder, without the written consent of the Municipality or other lawful authority shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and shall also be liable to pay the Municipality the amount of actual damage and ten percent thereof as administrative charges. (2) Any person who, having displaced, damaged, taken up or made alteration in or otherwise interfered with any such pavement, gutter, storm water drain, flags or other materials or the fences, walls, post, municipal lamps, lamp-posts, brackets, water-posts, direction posts, hydrants, water-pipes or other municipal property of any public street, fails to replace or restore the same to satisfaction of the Municipality after notice to do so shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees and shall pay any expense which may be incurred in restoring the street, and such expense shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under this Act. 10. The violations under Section 244 is an offence punishable under Section 245 of the Municipalities Act, which reads as below:- 245. Encroachment or obstruction upon public land: (1) Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Municipality or not, except steps over drain in any public street shall on conviction be punished with simple imprisonment which shall not be less than three months but which may extend to three years and with fine which shall not be less than thirty thousand rupees but which may extend to fifty thousand rupees. 11. Manifestly, the Municipal Officials are under a legal obligation to ensure that public lands are saved from unauthorized encroachments. 12.
11. Manifestly, the Municipal Officials are under a legal obligation to ensure that public lands are saved from unauthorized encroachments. 12. By order dated 29.01.2020, this court had been apprised that CCTV cameras had been installed in the Ghantaghar area so as to monitor and keep a vigil against encroachments. However, during the course of arguments, this court was informed that there was no mechanism for round the clock monitoring of the feeds received from these CCTV cameras as the same are not connected directly to the Municipal Corporation's office. We would, therefore, suggest that the Commissioners of both the Municipal Corporations (North and South), Jodhpur would seek co-ordination and cooperation from the Commissioner of Police, Jodhpur for accessing the feeds of the CCTV cameras installed by the Police Department in the entire city so that encroachments can be monitored and kept in check. 13. We also direct that both the Municipal Commissioners shall fix the responsibility of the designated Inspectors/officials of the respective municipal wards so that the encroachments by the shopkeepers etc. are kept in check. These officers shall forthwith report the encroachments noticed in their respective areas/wards and shall take immediate steps to remove the same and to initiate prosecution in accordance with Section 245 of the Municipalities Act. All encroachments by shopkeeper etc. shall be forthwith removed. If required, criminal cases shall be registered against the offenders and they shall be prosecuted as per law. The Commissioners shall also ensure that any official, who is found avoiding discharge of duties in this regard, would be subjected to suitable departmental action. We are told that some 250 criminal cases have been instituted for the offence under Section 244 of the Municipalities Act, but the trials are pending since long. We hope and trust that the investigation and trial of such cases will be expedited. 14. Learned counsel Mr. Anirudh Purohit submits that a dedicated helpline number may be prominently displayed in the Ghantaghar area for reporting encroachments. Mr. Rajesh Panwar assures that measures shall be taken to display such number immediately. 15. The Street Vending Plan has already been finalized by the Municipal Corporation, Jodhpur and has been approved by the State Government vide order dated 07.12.2020 and thus, effective compliance of this Court's order has been made.
Mr. Rajesh Panwar assures that measures shall be taken to display such number immediately. 15. The Street Vending Plan has already been finalized by the Municipal Corporation, Jodhpur and has been approved by the State Government vide order dated 07.12.2020 and thus, effective compliance of this Court's order has been made. We hereby direct that in case any street vendor/hawker is desirous of applying for a slot in any of these vending zones, then he may do so within a dedicated time frame to be fixed by the Commissioners concerned of the respective Corporations. 16. With the above observations, the contempt petitions as well as the writ petition are disposed of. 17. No costs.