BAPUJINAGAR KHUDRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner - Bapujinagar Khyudra Byabasai Association represented through its Secretary has filed this writ application challenging the proposed eviction of the street traders from plot Nos. 295 and 304 of mouza Bapujinagar in Bhubaneawar town.

(2.) It is the case of the petitioner that its members had, in order to earn their livelihood, encroached upon portions of Government lands from where they are carrying on their business as cobblers, tailors, barbars, tea-stall owners, fruit sellers, Jhumpud hotel owners, chat sellers and the like. According to the petitioner, street-trading is a fundamental right of its members and their eviction would deprive their of their fundamental right guaranteed under Article l9(1)(g) of the Constitution of India and as they will be thrown out of their business, it will amount to depriving them of their right guaranteed under Article 21 of the Constitution of India. Accordingly, a prayer is made for restraining the opposite parties from evicting the members of the petitioner Association.

(3.) The opposite parties, in particular, the Executive Officer, Bhubaneswar Municipal Corporation (Opposite Party No. (sic)) has filed a counter opposing the petition. It is specifically averred that plot Nos. 295 and 3(14 are road side areas and the business activity is spilling over to the main road leading to Rajmahal square which is one of the busiest roads of the city. It is further alleged that street-trading is causing traffic jams and is creating a law and order problem. It is also making the place dirty and unhygienic. It is also stated that one of the aforesaid plots is reserved for car parking in the Master Plan and in order to provide space for parking, it is necessary to evict the members of the petitioner. Association who are in unauthorised occupation of the area in question.