GAJENDRA SINGH TOMAR Vs. STATE OF MP

JUDGEMENT

(1.) THIS order shall govern the disposal of W. P. No. 310/99 (PIL), and other connected petitions.

(2.) THIS Probono Publico Petition under Article 226/227 of the Constitution of India was filed against the encroachment upon the public way belonging to the m. P. Housing Board in the Nazar Bagh market situated at Maharaj Bada on the allegations that the Municipal Corporation is raising wooden stall/pakka structure and going to auction those stalls but subsequently under orders of the Court and by miscellaneous applications the petition was only confined to encroachment in gandhi Market Gwalior and ultimately it was submitted to the Court that the shop keepers of the Gandhi Market have encroached upon the Varandha, which was constructed in front of the shop for the use of public and the prayer was made that the aforesaid Varandah which has been encroached upon by the shop keepers be got vacated or encroachment made by the shop keepers be removed.

(3.) IN the meantime shop keepers of Gandhi market filed the separate petitions viz. W. P. No. 2331/2000, W. P. No. 1873/03, W. P. No. 1878/03, W. P. No. 2101/03, and their claim was that they have not made any encroachment on the varandah and the varandah was covered under the knowledge of the corporation and has placed reliance on the resolution No. 40 dt. 25-4-94 by which area of the shop was treated as 90 sq. ft. including varandah. Vide order dt. 19-1-2005 all the Shop Keepers have agreed by way of undertaking to deposit rs. 1,00,000/- with Municipal Corporation in four equal instalment towards the more amount of licence fee as per the order sheet dt. 19-1-2005. In all 250 shops are situated in the Gandhi Market and all the shop keepers have only deposited first instalment of Rs. 25,000/- and total of Rs. 62,27,000/- with the Municipal corporation Gwalior, but it is clear from the record that all the shop keepers have not complied their undertaking and have not deposited Rs. 1,00,000/- each, as agreed by them, with the Municipal Corporation and for that the matter remain pending.