VINAYAK SHANKARRAO BAPAT Vs. SUPRINTENDENT OF POLICE

JUDGEMENT

(1.) Heard Shri Thakur, learned counsel for the Petitioners, Shri De, learned counsel for Respondents No. 3 and Shri Mirza, learned APP for Respondents No. 1, 2 & 4.

(2.) By this writ petition under Article 226 of Constitution of India, the petitioners who are citizens of India and permanent residents of Chandrapur are seeking a writ of mandamus directing Respondents No. 1 to 4 or their agents, servants, representatives etc. to forthwith implement the order dated 17.1.2002 passed by the Sub-Divisional Magistrate, Chandrapur, in Misc. Criminal Case No.2/133/2001 and to remove all unauthorised parking as well as all the illegal obstructions such as approach ways, sign boards/ hoardings and other construction and maintain order on the approach road bearing No.1932 situated in Sarai Ward, Civil Lines, Chandrapur. The Second prayer is to adequately monitor and ensure free movement of traffic on said approach road and to depute police personnel for that purposes. It is also prayed that Respondents should be directed to allocate separate and earmarked area at a convenient place for the parking of private buses. The prayers have been amended on the last date and direction has also been sought for taking all effective steps in removing unauthorised parkings as well as illegal constructions like sign boards, hoardings, encroachments, illegal constructions on public premises, public roads, public lanes causing obstructions in the free movement of traffic in Chandrapur and to consider framing of general guidelines in public interest to be strictly followed by Government, Municipalities, Police and other Civil authorities in this respect.

(3.) The petitioner No.1 is an advocate and petitioner No.2 is a senior citizen, who happens to be his father. Both are residing at Plot No.1923 at Sarai Ward, Civil Lines, Chandrapur. Part of the premises is leased out by them to Bharat Sanchar Nigam Limited (BSNL) where BSNL is having its office establishment. Another part of first petitioner's premises is let out to one Dr. Dhanshree Shende, who is running her clinic. The third petitioner is also a Doctor and a Cardiologist by profession. He is owner of Plot No. 1931 formerly bearing No. 29/1 and 29/2 in the same area and he is running his clinic there. The Municipal Council, Chandrapur, i.e. Respondent No.3 is local authority constituted under the provisions of Maharashtra Municipal Council's, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as Municipal Act). It is also a planning authority functioning under Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as Town Planning Act). It has constructed a permanent tar road admeasuring 12 ft. and it bears No. 1932. This road is commonly called as "Bapat Galli"or lane. On the southern side of this Bapat Galli is situated a commercial complex by name "Haweli Complex" while on the northern side is situated a commercial complex named as "Thakur Complex". This approach road passes between two complexes and connects the main road of PWD. The grievance of the petitioners is that since approach road is surrounded by commercial complexes on both the sides and because of large-scale commercial activity in the area, there is considerable vehicular traffic and flow of people and the approach road is always crowded during all times of the day. The ambulances attached to the nearby hospitals/ clinics as well as the trucks and jeeps owned by BSNL ply regularly on this approach road. Similarly, two wheelers, scooters, motor bikes, auto-rickshaws and bicycles are haphazardly parked on the main road making it impossible to drive through the road without damaging the vehicle. There is unauthorised parking on both sides of this approach road. Even the shopkeepers of the adjoining commercial complexes have constructed unauthorised approach ways and have erected sign boards and hoardings on the approach road. At the junction, where this approach road/ Bapat Galli merges with the main PWD road which proceeds from Jatpura Gate to Priyadarshni Chowk, several private buses are unauthorisedly parked most of the time of the day, causing hindrance and obstacles to free flow of the traffic. This spot or junction is being used as their operating hub and starting point for plying their buses to various destinations by private bus operators. The first and second petitioners are required to use this approach road for reaching their place of residence while the third petitioner has to use this approach road for reaching his clinic. Due to the congestion and obstruction on this road, all of them face hardship and it is their say that they have invited attention of their local i.e.Ramnagar Police Station, Chandrapur, to this problem. They further state that representation given to Ramnagar Police Station has also been signed by Sub-Divisional Officer of Telegraphs, Chandrapur, which supports their case. They have also pointed out further representations made by them in this respect between May 1999 to 26th February 2001.