B.R.GURURAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These batch of writ petitions are concerning modernization of Gandhibazar main road, one of the popular commercial roads in Bengaluru city. Since the grievances of the petitioners are common and is directed against the respondent-Bruhat Bengaluru Mahanagara Palike (hereinafter referred to as 'the BBMP', for short), these matters were clubbed, heard together and are disposed of by this common order.

(2.) The writ petitioners being residents/shop owners/ association of shop owners have raised various grievances and grounds to contend that the proposed plan to restructure the Gandhibazar main road, and the footpath should not be permitted. The grounds inter alia are that the width of the carriageway cannot be reduced, contrary to the provisions of the Indian Road Congress; that the proposed plan to widen the footpath and reduce the carriageway is not only contrary to the provisions of the Indian Road Congress but also unscientific, not eco-friendly, uneconomical, unviable and unnecessary; the proposed plan affects the livelihood of the petitioners and whereas gives a premium to the street vendors, who have been squatting on the footpaths; the proposed plan of widening and redoing of the footpaths would affect the ingress and egress of the residences and shop establishments of the petitioners to the main road, etc.

(3.) In order to substantiate the contentions of the petitioners, the learned Counsels for the petitioners have argued that the entire plan was done without proper consultation and disregarding the objections raised at the hands of the petitioners and other occupants of the shops and establishments of Gandhibazar main road. Several documents have been furnished to show that even earlier there was a proposal made by the BBMP to evict the street vendors, more particularly, the flower and vegetable vendors who were occupying a portion of the footpath in a limited area. However, when several objections were raised in the matter of providing permanent structures for the benefit of street vendors, the objections were sustained and the plan to widen the footpath and making provision for the street vendors was withdrawn.