MOHMMAD SHAHNAWAZ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE subject matter of challenge in the instant writ petition is the notice dated 30.10.2009 issued by the respondent Nagar Palika. As will be evident from the notice itself, the same was issued in view of an order passed by this Court on 22.10.2009 in connection with a Public Interest Litigation. By that order, amongst others, this Court directed Nagar Palika to remove all encroachers from public drains. Before the said order was passed, Nagar Palika did not bring to the notice of this Court that Nagar Palika itself allowed many people including the petitioners to cover open public drains and thereupon to install kiosks thereon. Nagar Palika also did not bring to the notice of this Court that in relation to such kiosks Nagar Palika has entered into agreements with such persons including the petitioners and is collecting rent month by month.

(2.) IT appears that when the Public Interest Litigation was being considered, it was brought to the notice of this Court that public drains have been covered by people and kiosks have been constructed thereon, the Court felt that the same is not permissible and accordingly directed Nagar Palika to take action, proceeding on the basis that the action of covering open public drains for the propose of installing kiosks was illegal action on the part persons covering the same.

(3.) THAT being the situation, the notice being the subject matter of challenge in the instant writ petition having admittedly been issued prior to such decision of Nagar Palika, should be held to be bad in law and accordingly, the same is quashed. This order, however, shall not stand in the way of Nagar Palika taking further action in public interest to remove kiosks from over public drains and particularly when there is a proposal to rehabilitate the kiosk owners. It is hoped and expected that Nagar Palika shall give more emphasis to public interest and accordingly, shall implement the decision of its Board, but at the same time, having had permitted the petitioners to have their kiosks on the public drain and having had decided to relocate them at some other place, would do so simultaneously but as quickly as possible. Writ petition is accordingly disposed of.