NEERAJ PARIHAR Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) THE city of Nainital has a lake called Naini Lake. On the north side of the lake there are two roads described as the Upper Mall Road and the Lower Mall Road. The Upper and the Lower Mall Roads are connected with one and another throughout. They in fact run along one another. The most affluent commercial area in the city adjoins the Upper Mall Road. The District Magistrate, Nainital (respondent No. 3), passed an order restraining vehicular traffic over the Upper Mall Road during the entire year between 6.00 p.m. to 8.00 p.m. Additionally, during the summer season, when the city is overflowing with tourists vehicular traffic remains barred between 6.00 p.m. and 9.00 p.m. This restraint order has been in operation for a number of years.

(2.) IN implementing the aforesaid restraint order, rickshaws are also not permitted to ply over the upper mall. It is this restraint for plying rickshaws on the Upper Mall Road, that irks the petitioner. The instant writ petition has been filed to annul the restraint order in so far as it affects the plying of rickshaws on the Upper Mall Road. It is the contention of the petitioner, that the instant restraint order for rickshaws violates their right under the bye -laws for regulation of traffic in the Nainital Municipality issued under Section 298 List I -H (B) and (m), E (B) & 298 List II H (p)

(3.) ON the other roads a hawker or pedlar or any other person shall not sit for the purpose of sale of goods except at such places as may from time to time be fixed by the municipal board on this behalf.