MOHAN LAL Vs. NAGAR NIGAM

JUDGEMENT

(1.) THE petitioner has challenged the order dated 12. 06. 2003 issued by Jaipur Nagar Nigam for removing his thari which is parked behind the SMS Hospital at Jaipur.

(2.) IT is the case of the petitioner that he has been selling tea, biscuits for which he was given a licence on 31. 03. 1991 by the Nagar Parishad, Jaipur (as it then was ). He has been running the said tea shop before the Bangar Hospital which lies behind the SMS Hospital in Jaipur. He has been regularly depositing the fees and the fine. The receipts of which have been annexed with the writ petition. According to him, respondent No. 2, the Jaipur Development Authority ('the JDA', for short) has a scheme for Thari, Thela, Footkar Vyavsai rehabilitation scheme. A news item has appeared with regard to the said scheme. However, despite the existence of the said scheme, the petitioner's name was not taken in the survey conducted. Subsequently on 12. 06. 2003, the petitioner received a notice issued under Sections 203, 254 of the Municipalities act directing to the petitioner to remove his Thela within seven days. Hence, this petition before this Court.

(3.) MR. D. P. Pujari, the learned counsel for the petitioner, has contended that the petitioner has a fundamental right to earn a living. The said right is being violated by the jaipur Nagar Nigam. He has further contended that a scheme was prepared by the JDA as a Thari, Thela, Footkar Vyavsai rehabilitation scheme. However, the benefit of the said scheme has not been given to the petitioner. Therefore, the petitioner's fundamental right to earn a living is being violated.