RAJAGOPALAIAH Vs. CHIEF OFFICER

JUDGEMENT

(1.) This Writ Petition is filed by one of the citizens of Doddaballapur Town, questioning the action of the first respondent - Doddaballapur Town Municipality, in converting the footpath and the main road running South to North upto T. Siddalingaiah Circle, into shopping complex. Considering the fact that the Writ Petition is filed in public interest, three more citizens of the town were impleaded as petitioners by an order dated 5.1.1993 in I.A.No. lV.

(2.) It is stated in the Writ Petition that the road in question is a main road in the Town with existing footpaths which were in use by the general public from the year 1928. It is alleged that at the instance of the local political leaders, the authorities of the first respondent-Municipality decided to contruct shops measuring 8' x 6' on either side of the road, without caring for the needs of the general public and started to construct 13 shops resulting in lessening the width of the road, which has the effect of obstructing the traffic on the Main Road. They say that the road is a thoroughfare, which is busy round the clock and the construction of the shops would put the general public to great inconvenience. The authorities have yielded to the pressure of the politicians without caring for the welfare of the general public. Representations made to the respondents requesting them to drop the proposal met with no response. The action of the Municipality contravenes the provisions of the Karnataka Municipalities Act, 1964 and the Rules and Regulations made thereunder. The existing trees on the road side were being cut and removed, thereby causing air pollution. The Municipality has no right to construct shops by encroaching on the footpaths. So saying the petitioners have sought directions to the Municipality, not to convert the footpaths on the main road into shopping complex.

(3.) In the Objection Statement filed by the first respondent, it is stated that the Main Road starts from Siddalingaiah Circle and runs in front of Rajkamal Talkies from North to South and the width of the road measures 20' near the Circle and tapers down at the other end of the road. Some bunk shops were in existence on the road sides for a very long time and the Municipality was collecting rents from the occupiers of the bunk shops. By a Resolution dated 30.9.1991 it was decided to remove bunk shops that were in existence and in that place to construct new shops and to lease them in favour of the persons who were doing business; There was no footpath nor any road margin in existence. The existing drain was repaired and the road was widened to T. Siddalingaiah Circle to a width of 29' and the width of the road got increased from 20' to 29' by removing the old bunks and by constructing new shops. The object of the Municipality was only to remove the shabby old bunks and to replace them by new shops, which would enable the Municipality to earn an income of Rs. 20,000/- p.m. by leasing out the shops. It is further stated that the petitioners are politically motivated and the Writ Petition is not filed in public interest and that no inconvenience will be caused to the public by the construction of the shops. 3A. The construction of the shops was stayed by an Interim Order dated 20.12.91. Alleging that the first respondent is proceeding with the construction in spite of the order of stay, I.A.I. was filed for injunction restraining the first respondent not to allot or lease the shops in question, pending disposal of the Writ Petition. No Orders were passed on the said I.A., recording the assurance of the learned Counsel for the first respondent that no allotment or leasing of the shops in question will be made during the pendency of the Writ Petition. I.A.II was filed by the first respondent for vacating the Interim Stay Order and the same was rejected. It is not disputed that the shops were partly constructed but were not allotted or leased to any one pursuant to the undertaking given to the Court.