MAHESH PRASAD Vs. GAYA MUNICIPAL CORPORATION

JUDGEMENT

(1.) SHRI Rama Raman Singh, Incharge Chief Executive Officer, Gaya Municipal Corporation is present in Court.

(2.) SHRI Shambhu Nath, learned counsel has made an application for four interveners, inter alia, submitting that in accordance with the allotment orders they have been settled and as they are not the trespassers or encroachers, they cannot now be removed.

(3.) ONE Foothpath Dukandar Sangh and six others have filed an application for intervention. It is contended by them that they are the settlee on the footpath for few hours of a day to vend on the footpath and as this settlement is in their favour for the last more than 60 years they cannot now be removed from the footpath. Some reliance is also placed on the national policy and it is contended that the footpath vending in fact has assumed great importance and in cases of those who otherwise are not settled in life and are required to vend their articles to the. public. It is also contended that on some earlier occasion the Municipal Corporation, Gaya was settling this footpath in favour of certain contractors who in their turn were settling these footpath vendors and were recovering money from them. It is also contended that by their occupying the footpath they are not causing any inconvenience to the public and as the question of their bread is involved they be allowed to intervene in the matter and they cannot now be evicted unless some alternatives are provided for them.