PT. RAMA KANT SON OF PT. KHUSHI RAM SHASTRI Vs. THE CANTONMENT BOARD, ALLAHABAD THROUGH ITS EXECUTIVE OFFICER

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution for the following reliefs:

(2.) It is further prayed that the operation of the said resolution may be suspended during the pendency of this writ application.

(3.) The applicant is the proprietor of a brick-kiln situated in village Tar Bagh, Mazra Umarpur, Neema, Tehsil Chail, district Allahabad. The brick-kiln is situated just on the outskirts of the Cantonment Limits of Allahabad. The fact alleged by the petitioner in the affidavit filed in support of the petition is that in order to proceed from the city to the brick-kiln of the applicant or vice versa it is necessary to pass through Meaghargunj road (Ravidas Road), which is under the control and management of the Cantonment Board, Allahabad. In Aug., 1955, a dispute arose between the applicant and one Shiv Nath who happened to be a member of the Board and due to that dispute he got the Board to pass a resolution No. 10 dated 29th of Sept. 1955 which prohibited absolutely the use of Ravidas Road by motor lorries. A notice to that effect was given to the public at large by pasting it on the Notice Board. On the 28th of Oct. 1955 the Petitioner hearing of the said notice applied for the copies of the bye-laws of the Cantonment Board and also a copy of the aforesaid resolution No. 10 through his counsel Sri Agarwal. Thereafter he made repeated requests to get the said copies but the opposite party refused the same. On the 8th of Nov., 1955, another resolution was passed which was numbered as 23 and a notice of this resolution was given to the public on 21st November. The petitioner inspite of his efforts could not get the copies of the bye-laws. The effect of the two resolutions mentioned above is that the petitioner has been excluded from the use of the road. He is the solitary owner of the brick-kiln which is reached through this road. His business is therefore affected. A counter-affidavit has been filed on behalf of the Board in which it is stated that the bye-law was passed in accordance with law and it is stated that an application without necessary fee was made by a lawyer, therefore no copies could be given at that time. When necessary fee for supply of copies was deposited, the copies of bye-laws were supplied to the petitioner. As regards the road, it is asserted that the Meagherganj Road (Ravidas Road) is situated within the cantonment area on the land belonging to the Government. Certain areas were granted by the Cantonment authorities for building house. In all 37 houses exist in that locality. The site holders had a right of easement to reach the Grand Trunk Road from their houses on the vacant land lying in front of their houses belonging to the Cantonment authorities There was no road or a public highway. On the representation of the residents of these houses in 1945-46, the Cantonment Board metalled on 8 feet wide road beginning from the Grand Trunk Road to a length of 11 hundred feet. In 1950-51, the metalling was extended by further 600 feet. This was made on the Government land for the benefit of the residents of the 37 houses situated on the Cantonment land. There is a public highway known Niwan Road Connecting Niwan village to Grand Trunk Road, within the limits of the District Board area There is again a public highway which connects the brick-kiln of the applicant with Niwan Road. The Niwan Road is about 18 feet wife and the Petitioner's brick-kiln can be approached through the road. As the trucks carrying bricks used to pass on the 8 feet wide, Ravidas road, the road has been spoiled and in order to protect that road, on the report of the Sanitary Inspector, the resolutions were passed prohibiting the lorry traffic on this road. It is said in the counter-affidavit that the Petitioner has no statutory or common law right to use this road for passage of vehicles.