sW3SSS3iS ?Bil88BSilfiiBBISB. s'i ..:i SI tgaBpliyi o^g .Bwy uBaygt?< ^ waqp ps@i • '' uawQ. 8:IPEI&II8(ES < VB^L "siaaK ^i ^nocp psja '.Bspn^i. m K <3!i'S '•*^B,auy. x{SBqcps-i^ ^taBx^y^Q^siSBsj^A^aBS-Qt-' sp^ JO^GI^ tsa^ ^ tnoqB peiSfe ' lasqaifB&iu^ o^ mq^ P1^^ po&'Usqa3p(&ao^miHl»(feS^' i^ii^^ipiig >^ a»wp»|})saea^ S@BS o/S ipesi 'PWi a]B*l°^i rapsN •e^ sa8a& g£ Vrecp ps8s *sBAmg pT[W(HBiS!(Tio/gSB&nqsipBimg z^ PWL pe^anQs aoig; AdBa - UQI|B&OOO ^aesBC Q£ inpqp p^y °i®^ inpqy CTE wrio/g ^vasps PPqy •l^ -iaoo ^y /«'^ /•^/s^' Ay/^ \^^y /^^"' /,^^ //Iyf^ ' saaHCTjlMd /•'•y swz^o 9g-^ $ 'oiitiois.a.Sdffas ^issv'iraraLv aHiixv3Kmr^o j^aoc)Hom SHI ^%ffi. ^3N39319NIS -^15. SufcwaBa Bai Wo I^ite BeSsfcim RamTftdv SfoRigHvaRamTfaday, / . Nfeiresli Ranaar Tfeday Sfo Late SagFsm fs6e , agad about 35 AU sfeqis are atuatod A BatfflqMti Bazar and Aey are of RESPONDENTS ^1(1) State <rf~ aihattis^di, tfiKH^i ftte a.nfc &K.S.Bua<3in&Vsafw (CQ.) @ (Samiassufflff' , E(PC% WRITPETHIONU/A 226Q270FTHE<^>NSnT!X'HONQFDfDM o^q -«i«irt«, ^tepTS,^rcWH^ WTc5T ^lf^ -^'•p^^v%^...(^ aii^rwft^fw (I2IT9II^STip*ira? A 3TT^?T tW! (l^fg^) g^IT<R^TfeTgiT^T 11-11-2005 ^200 >l'iyfd4)'l til4driffeta •(ISl^K ^ari^Tan-^T •-•"i. Shri Sunil Sahu, counse for the petitioners. Shr-i Yashwant Sini||h Thakur, ©ovt. Advocate for the Stots/reSDondents No.l and Shri P. Diwakar", Sr. |A,:dvocate with Shri Ashutosh Kachchawdia, Advocate for r-espondents No.p cnd 3. Reply has already beenpled on behalf of respondents No.2 and 3. Heard learned counsel for the oarties on admission. The petitioners' case i^ thot since 1980 the petitioners are occupying the present placs where their^ shops ar-e existing on temporary leaae gr-anted by the Municipal Corporation Bilaspur and that lease wos being renewed on year to yeor basis. Prior to lp80, the petitioners were occupying the JQnd in front of the -&istrict l-!ospit[il, Bilaspur on the ground of extension of the tat. The petitioners wepe asked to shift to the labilitated and granted temporary lease. Now, remove the petitioners from the present place with the ulterior motive on ^ne ground of widening of the road. There is an open space behind the existi^ shops of the petitioners. The petitioners can be shifted to that ploce iftijie resporidents ufont to widen the road, but.with intention, instead (>f octing in d fair manner respondents want to remove the shops of the p^titioners from the aforesaid place, therefore, respondents be directed to construct the shops on tha open space which is just behind the petitioners' ^hops, and only thereafter the petitionefs' Aops r'emovedfromthe|existingplace.———— — ^ i SP/FS/2005-20,000 ^5ET •-q|qin<<, u>TTI'{l'llt»,Rldf'Hy'< *l 1*101 ^TT^ 3TI^?TlR^('^fg^) ^200 31Tt?T9)TR-l aaiT3II^?T**li* STOT8R<iRri SK^W -^ q)|t|f»<i1l*111C)l'*f(s>51 •<|uf+^l'( ^ari^rsiitsr Reply has been fiied on it has been mentioned that th| which runs between Devkinar petitioners' shops there is B^ proposed to widen the road be1 to 60 feet as the traffic has and the road is being widen order to avoid the accidentl Brahaspati Bazar (vegetable wher-e the generoi public come of the road if any open place ^ of parking of the vehicles. C( already been widened between wifh reply, remaining work of| account of the petitioners' the reply that the petitioners they can be shifted i.e. near Sarkanda. If the petitioneit: (vegetoble mcrket) on the fii shops and give the same to the in occupation of other shopkeej: is already enough open spac^ vegetable morket is incorrectj and same be dismissed. (ehalf of the respondents No.2 and 3 in Mfhich i^ petitioners' shops are opening on the road jdan Chowk to Shivaji Chowk. Behind the ^ahaspoti Bcear (vegetable market). It is |ween Oevkinandon Chowk to Shivcyi Chowk up iticreased on account of increase in population !]or- the smooth movement of the traffic, in and for the convenience of the public. m4rket) is being used by the vegetable venders to purchase the vegetables. After widening [ili be left, sosme will be used for the purpose srtain portion of the road in question has 'B' to 'C' point as shown in the map attached widening of the road has been stopped on i. It has also been mentioned in para-4 of Ihwe baen offered 3 alternative sites where [dgah Chowk, Torwa Naka and Nutan Chowk, \a want just behind the Brahaspati BOZCB- iljst floor the Corporation can construct the petitioners, as the ground floor th.e market is edpers. The claim of the petitioners that there between the petitioners' riiops and the therefore, there is no merit in the petition shdDs SP/FS/2005-20,000 vj-uq "q|t| lrt«,ti>-al'(1<l<», Rlril'Hy'; Hi*irii^m^ 3n^9Tq^P('^rfg^) ^200 3ii^?[^[R-fi* (raT3II^?Tri>*li<b s;RTT<R^iferan^?T !- >BI<|ICT<!II *ti*inV4'lsM3 •(FSl'f^l'i ^ail^*f3li^?T ^ -!i-. Learned counsel foi respondents want to wider petitioners' shops can be util and for that purpose sufficie On the other- hand, argued that contention of th< is not correct. There is widenin9 of the rood ifany for the purpose of parking o other side of the road. Hi already been offer-ed to the Havirg heard learnei photographs, site pian filed of the parties. It is admitl granted to the petitioners t< mentioned by the petitioner that with the passcge of tj increased, number of the v^ of thot for the smooth roads which were construd accommociate the increasedl therefore, in the larger pufcjl to take step for widenin9 4 vehicles and pedestrians. proposed by the Municipal the petitioners ocgued that even if the the road existing open space behind the i^ed for the purpose of shifting the petitioners ^t open space is there. ijarned counse! for the respondents No;2 and 3 petitioners that there is sufficient open space irdiaspati BQzar (vegetable miyket). After cfpen space will be left out, same witi be utilized the vehicles as there is alreddy shops on the further orgued that 3 alternative sites have ^etitioners where they can be shifted. counsel for the parties, I have seen the lon9 with the return and perused the plsadings id position that the site in question has been mporarily on year to year basis which has been in the petition aiso. It is comfflon knowled9e ^ne the populatidn of the city of Biiaspur has thicles have also been increased and on account mov4ment of the vehicles css well as pedestrians the ;d more than 75 years back are not able to traffic and movement of the generai public, ic interest, the Municipal Corpor-ation is bound the roads for the smooth movement of the Fherefore, it cannot be said that the actio.n ^orprqtiofi^is not in the public interest. The SP/FS/2005-20,000 :fSt 3^^ "«i«irt'y,ti>-n1'<i<id, Rdt4iy'< MHdiapm^ SII^nqiTR'll'b cRIT3TI$9Td)*li4) Borve 311^91 iracpC'jcli^d^) ^200 8^<IT8R^lflCT SlrtCT •^ petitioners are only temporar) lease has not been renewed afl cannot claim their possessjon. ofthe spaceoceupied by the p< As •fw ss the point raise|d there is open space behind th< the. Cor'fferation thot after wi left out, same will be utiiized Moreover", behind the shops 01 (vegetable market) where g( vegetables, therefor-e, open sj come to the Brahaspati Bazar (' As far as rehabilitation Corporation has already given The petitioners can opt for any^ In view of the obove fa^ in the petition, the writ petitif dismissed. No costs. Consequently, M.(W.)P.| stand disposed of. <n«ilo)<lltlltCTl 4'ls'<£l'(Rf't^l'! ^3lf^T3II^?I lease holder-s and most of the petitioners' |er Mar-ch 2005, therefore, as of ri9ht they 'pie Municipal Corporation is genuinely in need s|titioner's for" widening the road. by learned counsel for the petitioners that jir shops, for that it has been mentioned by [ening of the r"oad if any open Space will be for the purpose of parking of the vehicles. the petitioner's, there is Br'ahaspati Bazar sneral public come for purchase of the ^ace is required for* the gener'al public who ^egetable market). y rf the petitioners is concerned, the Municipal options to the petitioners for their shifting. of the options given by the respondents. |ts, I am of the opinion that there is no merit >n deserves to be-dismissed and it is hereby No. 4269/2CX55 and l.A. No.9149/2005 Sd/- LC.Bhadpo Judge SP/FS/2005-20,000 .< •^J y/^^ ~^~^°-^ '''^