Unknown vs The Nagpur Municipal Corporation
2010 Latest Caselaw 326 Bom

    PIL 70/2010                                           1                                           Judgment


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                             NAGPUR BENCH, NAGPUR.




                                                                                                         
                      PUBLIC INTEREST LITIGATION NO.70 OF 2010.




                                                                                
    COURT ON ITS OWN MOTION 




                                                                               
                                                 // VERSUS //


    1. The Nagpur Municipal Corporation,
       Nagpur, through Commissioner, Nagpur.




                                                               
    2. The Nagpur Improvement Trust,
       through Chairman, Nagpur. 

    3. The Commissioner of Police,
                                          
       Nagpur. 
                                         
    4. The Collector, Nagpur.

    5. The Regional Transport Authority,
             

       Dharampeth, Nagpur.
          



    6. The Divisional Railway Manager,
       Central Railway, Nagpur. 

    7. Chairman, Railway Board,
       Ministry of Railway, Rail Bhavan,





       New Delhi-1. 

    8. General Manager, Central Railway,
       Chhatrapati Shivaji Terminus,
       Mumbai-1. 





                                                                                          ....RESPONDENTS.
    --------------------------------------------------------------------------------------------------------------
    Mr. G.C.Singh, Amicus Curiae.
    Mr. S.K. Mishra & Mr. C.S. Kaptan, Advocates for Respondents No.1 & 2. 
    Mr. N.W.Sambre, G.P. for Respondents No.3, 4 & 5.
    Mr. R.G.Agrawal, Advocate for Respondents No.6, 7 & 8.  
    --------------------------------------------------------------------------------------------------------------




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     PIL 70/2010                                       2                                         Judgment


                                 CORAM  :  V.C.DAGA AND A.B.CHAUDHARI, JJ.

DATED : DECEMBER 23, 2010.

PER COURT ( Per : V.C.Daga, J.)

1. RULE. Made returnable forthwith.

2. Heard finally by consent of the parties.

T HE FACTS :

3.

This public interest litigation is initiated in exercise of suo motu

powers of this Court based on the news item published in local daily "Navbharat"

dated 11th and 12th November, 2010 exposing pathetic road conditions, rampant

encroachment on the footpaths and chaotic conditions due to traffic congestion,

water logging at various places in rainy season for want of proper drainage,

unauthorized hotels and shop owners throwing garbage and dirty water on the

road, coupled with unauthorized taxis and two wheelers parking on the footpaths

in the surroundings of the Nagpur Railway Station. This Court was issued notices

to the Nagpur Municipal Corporation, Nagpur Improvement Trust, Commissioner

of Police, Nagpur, Collector, Nagpur, Road Transport Officer, Divisional Railway

Manager, Central Railway, Nagpur.

4. In reply to the notices, the noticees appeared before this Court and

filed their reply-affidavits. None of these respondents could dispute the above

PIL 70/2010 3 Judgment

situation prevailing in the surrounding area of Nagpur Railway Station, which is

the face of the city of Nagpur. Ministry of Railways has upgraded this railway

station to make it one of the best in the country.

SUBMISSIONS :

5. It is brought to the notice of this Court that the flyover constructed

just opposite the Railway Station and the shops constructed below the flyover

have added enormous problems to the already existing problems sketched herein

above. The hotel owners occupying shop blocks below flyover throw leftover

food, waste water and other material on road just opposite their shops. They

have taken over possession of footpaths for vending their products. The hotels are

being run in the shops constructed below the flyover without there being any

hotel licence. The Corporation Authorities have no control over them. Almost all

hotels are cooking food articles on open footpaths in front of the shop blocks. In

other words the footpaths are taken over by them and used for cooking, washing

utensils and throwing leftovers. Due to these illegal acts, the area has become

filthy and stinky and unhygienic. The road condition between Jaistambh Chowk

to Manas Chowk is worst hit by traffic congestion, illegal taxis, auto-rickshaws

and cycle rickshaws parking, making the lives of the commuters and citizens

miserable. All these illegal activities have also given rise to the criminal acts and

have made life of women folk unsafe in night time. The Nagpur Railway Station is

one of the important Railway Stations of the country because of its zero-mile

location in the heart of the country. The above mentioned conditions are

PIL 70/2010 4 Judgment

affecting right to life of the citizens guaranteed under Article 21 of the

Constitution of India.

6. It has come to our notice that map of the flyover was never approved

by the Planning and / or competent authority. The effect on the increase in traffic

due to visit of customers to these shops below flyover was never studied by the

authorities before undertaking construction of flyover. The shops constructed

below the flyover have been allotted to the shop occupants on fixed rate of Rs.1/-

per square feet. Seven Lane road which was to be constructed is not to be found

on the spot and thus has proved to be a doleful promise to the citizens of Nagpur.

This Court had an occasion to issue directions in Writ Petition Nos.513/2005 and

194/2005 directing the shop occupants not to encroach upon the footpaths. The

road from Jaistambha to Manas Chowk was directed to be declared as non-

hawking zone and no parking was to be allowed on the road in front of the

Railway Station from Manas Chowk to Jaistambha. However, no material is

placed before us to show compliance of the mandamus issued by this Court.

Needless to mention that breach of the order of this Court or non-implementation

thereof is actionable. The respondents in that petition are liable to be proceeded

with for having committed Contempt of Court but considering time lag we do not

propose to initiate action at this stage. However, non-compliance of this order will

not be brushed aside by this Court if it is brought to the notice of this Court in

future.

PIL 70/2010 5 Judgment

7. The instances are reported in the news papers that due to traffic

congestion many times commuting passengers missed their trains. All these

factors have compelled this Court to take cognizance of the problems faced by the

citizens of the city of Nagpur and travelling passengers.

CONSIDERATION/ DIRECTIONS :

8.

On the above premises, after having heard the parties this Court is

compelled to issue following directions :

1) The Nagpur Municipal Corporation shall :

i) issue notices to all the occupants of the shops not to occupy the

corridors and/or footpaths constructed in front of their shops and the open area around shopping complex with direction to keep the open spaces free from encroachment and / or any type of

obstruction so that public can use freely with instructions not to display any of their goods or placards either in the corridor or open space outside their shops ;

ii) provide or erect cement poles and /or barricades with cement railings between the edge of the road and footpath just opposite the shops constructed below the flyover so as to prevent scooter or cycle parking on the footpath and/or open space opposite shops ;

PIL 70/2010 6 Judgment

iii) collect garbage generated on the road and/or in the adjoining

shops and /or shopping complex thrice a day ;

iv) direct Sanitary Inspector of Ward No.10 and Health Officer of the area :

a) to take repeated rounds, with the assistance of Flying Squad,

of the subject area to prevent encroachment on footpaths and other corridors in front of the shops with direction to report it to the Additional Deputy Municipal Commissioner of the

Corporation who shall take steps within (7) seven days to remove repeated encroachment. In the event of repeated breach in spite

of repeated warnings the Municipal Commissioner shall terminate the licence and /or lease as the case may be, in

accordance with law.

b) to see that each of the shop owner maintains cleanliness and

hygiene and take action against the shop owners throwing any

leftover, waste water, filthy material and / or garbage either in front of their shop, or on footpath or public road. Initially, they shall issue spot warning to the defaulting occupants of the shops

and shall report such instances to the Additional Deputy Municipal Commissioner/ the Municipal Commissioner, who shall immediately take steps to prevent recurrence of such instances and may take stringent punitive action including

cancellation of the licence and / or lease, as the case may be. Any dereliction of duty by the Sanitary Inspector of the Ward No.10 and Health Officer of the area shall be treated as misconduct and breach of this order.

PIL 70/2010 7 Judgment

vi) maintain road condition free of pot-holes and shall provide

proper drainage between footpaths and shops and sanitary system to drain out the waste water from the shop including rain

water in the rainy season ;

vii) make available public parking free of costs to the citizens visiting

the shopping complex and / or Railway Station as the case may be and the Police Commissioner of Nagpur shall be requested to post one Lady Police Constable to monitor proper parking and to

prevent misuse of parking space.

viii)declare Jaistambha Chowk to Manas Chowk as 'No Hawking Zone' and shall not allow any vendor to squat on the roadside or

on footpath or in the open corridor opposite the shopping complex ;

ix) it shall not allow any hotel or eating house in the shops below the

flyover and no gas cylinders, big ovens, furnaces (bhatties), stoves and /or use of kerosene can be used. For the reasons stated in Writ Petition No.5994/2010 decided by this Court on

15.12.2010. The concerned officer shall seize these articles whenever found and forfeit the same and impose heavy cost ;

x) shall also consider necessity of shifting Octroi Booth to some

other suitable place and shall relocate it in such a manner that it shall not cause any traffic congestion or obstruction.

xi) The Municipal Corporation / Nagpur Improvement Trust, as the case may be, shall also provide public utility and adequate parking place as sanctioned under the development plan.

PIL 70/2010 8 Judgment

Parking slots and / or public utility places shall be maintained by

the respective authorities so long as they are holding and/ or possessing parking slots and / or public utility premises in their

possession.

2) The Commissioner of Police, Nagpur, Additional Commissioner

of Police (Traffic), Road Transport Authority and Divisional Commissioner, Nagpur Division, Nagpur are directed to :

I) declare the area from Jaistambha Chowk to Manas Chowk as 'No Parking Zone' as already ordered by this Court in Writ Petition

No.513/2005 decided on 23/24th March, 2005 affirmed by the Hon'ble Supreme Court. These authorities, including Municipal

Corporation shall not permit the parking in this area and shall regulate auto-rickshaws, cycle rickshaws and taxi traffic in such a manner that it shall cater to the need of the travelling public in a

best possible manner. These authorities shall not allow any

parking on roads and footpaths, except in parking slot. No parking of taxis shall be permitted except in the railway station compound to the extent taxis can be accommodated.

II) The Commissioner of Police shall deploy adequate number of staff round the clock to maintain law & order and shall provide all police assistance to the Corporation Authorities to properly

maintain public parking places and discharge their duties in accordance with the provisions of the Act and to comply with this order.

3) All shop owners/occupants are directed to take note of this order and shall comply with the directions issued herein and shall not

PIL 70/2010 9 Judgment

permit anybody to encroach upon the open space in front of their

shops and that they shall keep it free for public without creating any obstruction, failing which their licences and/or leases, as the

case may be, shall be liable to be terminated.

4) Respondents No.6, 7 and 8 Railway Authorities are directed to

take all necessary steps to develop the Railway Station Yard including Eastern Side (Cotton Market side) so as to take care of the traffic congestion on the western (front) side of the Railway

Station.

9.

It is made clear that this order is not in derogation of the order

passed in Writ Petition No.513/2005, decided on 23/24th March, 2005 but is

rather in addition to the said order.

10. Any breach of this order brought to the notice of this Court by Amicus

Curiae and / or N.G.O. and /or any citizen of the town with evidence like

photographs etc. shall be highly appreciated and this Court shall take immediate

cognizance of such complaint and /or breach so as to see that this order is

implemented in its true letter and spirit.

11. All the authorities, referred to herein above, are put on notice that in

the event any breach of this order is reported or brought to the notice of this

Court, the same shall be dealt with sternly and this Court shall not hesitate to take

action, including the action under the provisions of the Contempt of Courts Act.

PIL 70/2010 10 Judgment

Rule is made absolute in the above terms with no order as to costs.

Steno copy of this judgment be furnished to the parties as per rules.

                              JUDGE                               JUDGE 




                                                   
    RR.