R M VYAVASAYEE SAMITI Vs. COLLECTOR RAIPUR

JUDGEMENT

(1.) In this writ petition, the petitioners are challenging the order of the Collector dated 18-9-1982 closing all heavy vehicular traffic on the Grat Eastern Road, Raipur, which is part of the National Highway No. 6, between 9 a.m. to 10 p.m.

(2.) The petitioner No. 1 is a Samiti of truck and motor mechanics doing repairing of trucks and other vehicles at Rajbandha Maidan and adjoining places for the last many years. The petitioner No. 2 is an Association of shopkeepers of motor part dealers doing their business on Bombay Market. The petitioner No. 3 is an Association of persons doing business of repairs of motor vehicles and other automobiles at Bombay Market. The National Highway No. 6 starts from Daulia and connects Nagpur, Raipur, Sambalpur, Bahargora and Calcutta. It is also known as Great Eastern Road and passes through the heart of the city of Raipur, where it is named as Jawaharlal Nehru Marg. In the Master Plan there is a link road to divert the traffic from this road which passes through the busy areas like hospitals, University, schools, colleges, Civil Court, shopping centres and other institutions. According to the petitioners, the closure of this road for heavy vehicular traffic during day time has resulted in loss of business to about 500 motor mechanics who are working in this area. They represented to the Collector against the ban imposed regarding movement of heavy vehicular traffic on this road, but he paid no heed. The petitioners have a right of livelihood under Art. 21 of the Constitution and by their arbitrary action, the respondents have deprived the petitioners of their source of livelihood, which is arbitrary, unjust and unfair. Though heavy vehicular traffic is not permitted during day time, but the respondents are permitting city buses to be plied on this road during day time. Moreover, the National Highway vests in the Central Government-under the National Highways Act, 1956 and the Collector had no jurisdiction to impose such ban without prior concurrence of the Central Government. The link road has not yet been fully constructed and further there is encroachment on a portion of the link road by one Oswallspat Udyog Ltd. The respondents have decided to shift the transport business to Tatia Bandh but that area has not yet been developed, nor any facilities given to enable the transport business to be shifted there.

(3.) The respondents in their return submitted that the Collector, Raipur has issued the notification on 18-9-1982 under S. 74 of the Motor Vehicles Act, 1939 read with R. 257 of the M. P. Motor Vehicles Rules, 1974, as the Great Eastern Road passes through the very congested area of Raipar city having a number of institutions on this road, including hospitals, schools, colleges, shopping centres etc. and the movement of heavy vehicular traffic on this road is dangerous to public safety. The ban has been imposed in public interest to avoid risk, hazards and public safety. The notification has come into force in 1982 but nobody came forward to challenge the same till 1986. There was a proposal to construct a Saheed Smarak on the Rajbandha Maidan in the year 1972, but thereafter these motor mechanics had encroached on this land and constructed Tapras where they are doing their business and also residing there. The respondents have offered alternate sites to them at Tatia Bandh to shift their business to that place and also extended all help and facilities for that purpose. The petitioners being encroachers, they have no right as such. Though the National Highway vests in the Central Government, there is no provision in the Act for regulating the traffic on the road which passes through busy areas of a city. In fact, there were number of casualties on this road and there is every risk of loss of life if heavy vehicular traffic is permitted on this road during day time. The Collector has been empowered by the State Government under R. 257 to exercise power under S. 74 of the Motor Vehicles Act to regulate traffic on a particular area or road. Therefore, the Collector had the right and authority to issue the notification in question. Public safety and convenience being the prime consideration, the petitioners as such have no right to challenge the notification in question. Individual rights have to be given way to public interest. The petitioners are mere trespassers and they have no legal right to stay on in the area in question. The link road is completed and there is no hindrance in heavy vehicular traffic on this road. The encroachment made by Oswal Spat Udyog Ltd, is being attended to and the encroachment will be removed in near future. But that encroachment has not in any way come in the way of flow of traffic. The petitioners should shift their business to Tatia Bandh area where they are being provided with necessary plots and other facilities.