SOHAN LAL Vs. MUNICIPAL BOARD RAJALDESAR

JUDGEMENT

(1.) THE petitioners who are residents of Rajaldesar have filed this petition and prayed that respondent No. 1 Municipal Board, Rajaldesar be directed to perform its primary duty as provided under Section 98 of the Rajasthan Municipalities Act by removing the illegal encroachments made by the undesired anti-social elements on the public streets of Rajaldesar town. In response to the notice issued by this Court the respondent municipality has filed the reply-affidavit wherein it has been stated that "the municipality is keen for removing the encroachments but, in the absence of the appropriate assistance from the police authorities, it is not possible for it to remove the encroachments as there is possibility or likelihood of breach of peace. " It is further stated in the reply-affidavit that the municipality had already written to the Collector, Superintendent of Police and concerned Police Station but, inspite of repeated requests, no assistance was provided to it for removing the illegal encroachments, therefore, it is totally helpless. It is also stated in the reply-affidavit that the Superintendent of Police in his reply stated that unless and until a Magistrate is appointed no police assistance can be given.

(2.) THIS is absolutely shocking. It is the primary duty of all public-bodies to discharge their functions in accordance with law and for discharging their functions, if they need assistance of the police, then it is the duty of the police to provide such immediate help to the public bodies. In my opinion, the then Superintendent of Police had no business to write such letter to the respondent municipality to first appoint a Magistrate and, thereafter only, the assistance as asked for can be provided. If there is an encroachment on public premises and if the municipality wanted to remove it with the assistance of the police then it is the duty of the police to provide such assistance so that while removing the encroachment there may not be any breach of peace.