DANMAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) A question as to whether a public path can be blocked by putting up stalls by the respondents is the central theme in this application.

(2.) The petitioners are residents of Giridih town. Some of them have their shops in their houses or have their house or shops alone. According to the petitioners small vegetable dealers on some occasions sit on the footpath on the road known as Bara Chowk Station Road. According to the petitioners, they have come to learn that local administration is going to construct pucca stalls on the road purported to under scheme known as NREP Scheme. Allegedly, the petitioners objected to constructions of such types of stalls on the footpath and have filed a representation on 19-12-1992 as contained in Annexure 1 to the writ application inter alia alleging therein that once the stalls are constructed their businesses shall be ruined. In paragraphs 11 and 12 of the writ application it has been stated as follows: Bara Chowk Station Road in the town of Giridih is a busy road and there is heavy traffic on this road because of the facts that there are several business establishments such as shops, petrol pump and if the respondents are allowed to construct shops by the side of the roads the road would become narrow and accidents may also take place and thus, would be endanger to the life and safety of people. On this road there is one Jain temple, where people of Jain sect. worships. There is one Urdu Library where cultural programmes are organised by all the class of people, one Dharmshala which is used for marriage purposes and for the purposes of staying of the low income class people and if the shops would be allowed to be constructed there it would cause nuisance to the peace loving people of the locality.

(3.) A counter-affidavit has been filed on behalf of the respondents where -in it has been contended that a decision has been taken to allow some Par i lands belonging to the Public Works Department which is in the northern side of the road between Bara Chowk to Gandhi Chowk to different vendors so that they could install their respective stalls on the said lands or on wooden plank or on moveable things such as Thela fitted on wheels just in order to earn their livelihood to avoid congestion and encroachment on the public road which is causing hindrance in smooth flow of the traffic.