MOHD ILYAS KHAN Vs. ABDULLAH BIN HUSSAIN

JUDGEMENT

(1.) The first respondent is the owner of the premises bearing No. 3-5-784/A/2 to 6 situated at King Koti, Hyderabad. The same is let out to the appellants for running a Hotel named M/s. Hi-Line Hotel & Bakery. There is a footpath behind the Hotel. It is alleged that the appellants encroached upon the footpath and put up Haleem Bhattis (ovens) along with tin sheds. The first respondent, therefore, gave a representation on 28.08.2009 to the Officials of the Greater Hyderabad Municipal Corporation (GHMC), in vain. He then filed the writ petition seeking a direction to GHMC and its Officials to cancel appellants' Hotel licence. The writ petition was opposed, inter alia, on the ground that the civil suits are pending between the parties and the writ petition is a ruse to defeat lessees' rights. During the pendency of the writ petition, the Assistant City Planner inspected the area and submitted a report on 08.10.2009. As per the said report the appellants encroached on the footpath for sometime and made temporary constructions, but on the date of inspection, they were removed. Taking the same into consideration, the learned single Judge closed the writ petition observing that GHMC and its Officials should remove any encroachments on the footpath, in case the appellants encroach in future. Aggrieved, Hoteliers are in appeal.

(2.) Counsel for the appellants submits that the allegation that the appellants encroached upon the footpath behind the Hotel is not true, and that only during the holy month of Ramzan, temporary hearths for preparation of Haleem are put up without causing any inconvenience to the pedestrians. These contentions are refuted by the Counsel for the first respondent and the Standing Counsel for GHMC.

(3.) The law of the streets does not enable any citizen to encroach upon footpath nor squat on the footpath for the purpose of business, much less, put up Haleem Bhattis (hearth or oven). Further, under Section 405 of the Greater Hyderabad Municipal Corporation Act, 1955 (the Act), it shall be the duty of the Commissioner to remove encroachments on the roads and keep the footpaths free from such encroachments. Any lenience by the Officials amounting to breach of law cannot be countenanced by the Court of judicial review.