MADAN MOHAN KAUSHIK Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS writ petition was originally filed by Mr. Madan Mohan Kaushik, Advocate who resided at Chhatri Mandi, Lashkar, Gwalior. He has stated in the writ petition that he has to go by' hIS , from his house on the road from Mehandiwali Gali to Chhatri Park and from Chhatri Park to Janakganj Hospital and from Janakganj Hospital,. Maharaj Bada to Janakganj Chouraha, Lashkar. He has stated that kirana shop keepers just opposite to Chatri Park have put up wooden and iron benches covering near about 12 of road and on these wooden and iron benches, they are keeping kirana commodities for sale from 9:30 a.m. to 9:00 p.m. He has further stated that fruit sellers are also putting up their four -wheeler thelas on the road after the kirana shops and selling fruits on the road right from 8:30 a.m. to 9:30 p.m. and similarly, some vegetable sellers are keeping their shops on the main road covering near about 6 road. He has further stated that the Municipal Corporation, Gwalior has provided shops for vegetable sellers in the Chhatri Park but they are not occupying these shops constructed by the Municipal Corporation on the road side. He has stated that as a result of these obstructions made by the kirana shops and the thelas, it is not possible to go through the road during peak hours from 9:00 a.m. to 1:00 p.m. and from 4:00 p.m. to 7:30 p.m. even on foot. He has accordingly prayed for a direction to the respondents to remove the obstructions made by the kirana shop keepers from the corner of the Chhatri Park till Mehandiwali Gali and also for direction to the respondents not to allow the kirana merchants including fruit sellers and vegetable sellers from holding their shops on the roads and instead make the road available for use of the public.

(2.) AFTER the death of the original petitioner, Mr. Lakhanlal Goswami, another advocate, has been substituted in place of the original petitioner. The writ petition has been heard from time to time and various interim orders have been passed by the Court. By the interim orders the Court has also appointed Commissioners for inspection of the different areas in Gwalior city for removing encroachments from the roads.

(3.) AFTER hearing the learned counsel for the parties we find that adequate provisions have been made in the M.P. Municipal Corporation Act, 1956 (for short "the Act of 1956") to ensure that there is no encroachment, temporary or permanent, on any portion of the road. Section 322 and 322A of the Act of 1956 are quoted herein below: