GULAB SONKAR Vs. NAGAR NIGAM, ALLAHABAD

JUDGEMENT

(1.) WE have heard Sri V.P.Varshney, learned counsel for the petitioner and learned standing counsel appearing for the respondents and perused the record.

(2.) THE petitioner has approached this court seeking a writ of mandamus commanding the respondents to allow the petitioner to re-construct his shop on main Grand Trunk Road passing through Allahabad city. This shop was demolished in anti encroachment drive carried out on G.T. Road in Allahabad. It emerges from the record that the House no. 3 Ka/1, Karbala, Allahabad is registered as a residential house in the municipal records. The map/plan of the said accommodation was sanctioned as a residential house not for commercial purposes like constructing a shop therein.

(3.) WE have taken note of the fact that large scale encroachments have been made on the National Highways and the State High Ways of Uttar Pradesh. The main High Ways passing through towns, cities and villages have been encroached by people by putting stalls (gumti, khokha) and kiosks. Temporary structures have been raised. The markets are held just close to busy highways causing obstruction. For example the High Way connecting Lucknow to Allahabad (205 kms.) has been encroached upon by the shop keepers etc. at more than 40 places. Most part of the road looks like an extended market, bazar. Road users/drivers have to negotiate these points wasting 5 to 10 minutes at each place while performing road journey from Allahabad to Lucknow. Allahabad Varanasi high way has also become a difficult zone to traverse. It is harassing for a driver to negotiate this small distance. Uttar Pradesh is the second largest State having poor roads. It appears that no action is being taken by the concerned authorities of Public Works Department, Nagar Palikas, Nagar Nigams and Regional National Highways Authority of India to keep the highways encroachment free.