CWPIL No. 4 of 2006 15.6.2009 Present:- Mr. Ajay Mohan Goel, Amicus Curie. Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. Anil Jaswal, Deputy Advocate General for respondents No.1 to 3 and 5. Mr. Shrawan Dogra, Advocate for respondent No.4. Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lal, Advocate for respondents No. 6 and 7. Mr. K.D. Sood, Advocate for respondents No. 8 to 10. There is a narrow artery road linking Lakkar Bazar Bus Stand to Scandal Point (Mall Road). The administration had permitted pre-dominantly Tibetans to build a market on this artery road between Scandal Point (Mall Road) and Rivoli Theatre. This road is very narrow and steep. A bare visual impression of the pictures placed on record shows that there is hardly any passage left for the pedestrians. This road is also frequented by the ladies and young girls who have to come to the Mall Road from Lakkar Bazar, Bus Stand and go down to take a bus at Lakkar Bazar, Bus Stand. The very idea of administration permitting the market to come up on a narrow stretch of road was misconceived. This area even as per the provisions of the Interim Development Plan prepared under the Town and Country Planning Act falls within sinking/sliding zone. It is prone to land slides endangering the lives of even the shop owners and the pedestrians. The peremptory order was passed by this Court on 2.6.2008. The operative portion of the same reads thus: “Consequently, we direct the Commissioner, Municipal Corporation, Shimla to submit proposals to the State Government within ten days for the purpose of identification and allocation of land. The proposal should be precise and concise and must take into consideration the entire gamut of the problem. The proposal will be sent to the Principal Secretary (Urban Development) and after the receipt of the proposal, the Principal Secretary (Urban Development), Principal Secretary (Forests) and Principal Secretary (Revenue) shall sit together and will also solicit the views of the Commissioner, Municipal Commissioner, Shimla. The decision will be taken by the Principal Secretary (Urban Development), Principal Secretary (Forests) and Principal Secretary (Revenue) by 30th June, 2008. The out-come of the deliberations will be placed on record by the State on or before the next date of hearing.” In sequel to the directions issued by this Court on 2.6.2008, the matter was deliberated upon by a Committee constituting high Officers, i.e. Additional Chief Secretary (Urban Development), Additional Chief Secretary (Forest) and Principal Secretary (Revenue). They have taken the following decision on 24.6.2008: “In continuation of the meeting held on 17.6.2008 to consider the relocation of the Bazari Market for Tibetans from Rivoli, the Committee examined both the proposals along with the site plans submitted by the Commissioner, MC, Shimla. The Committee felt that 55 stalls can be adjusted near Vikas Nagar and 48 stalls near Tara Mata Mandir on the By-Pass Road.” The decision of the Committee is approved by the Court. The Committee has suggested that 55 stalls can be adjusted near Vikas Nagar and 48 stalls near Tara Mata Mandir on the By-Pass Road. The Court presumes that the decision has been taken by the Committee after weighing all the pros and cons and after taking into consideration the entire gamut. It is true that re-location of the market will cause hardship to the shopkeepers, who are running their shops between Rivoli Theatre and Scandal Point (Mall Road) for some time. However, the Court has to strike a balance between the rights of the pedestrians vis-à-vis the shopkeepers. In order to mitigate the hardship of respondents No. 6 to 10, who are running the shops between Rivoli Threatre and Scandal Point (Mall Road), they are permitted to make a representation to the Committee within a period of seven days from today. The Committee shall consider the representation made by respondents No. 6 to 10 within one week after the receipt of the same. However, it is the duty cast upon respondents No.1 to 4 to ensure that new sites are provided to the shop owners, as suggested by the Committee in its decision dated 24.6.2008 within a reasonable time of two months. It is clarified by way of abundant precaution that in no case the market shall be permitted to function beyond the above period of two months from today. The Committee shall only have a limited right to re-look into the matter as far as alternative sites are concerned to mitigate the hardship of these shopkeepers. The decision to shift the market shall not be diluted or deviated in any form whatsoever. Accordingly, the respondents, including the Municipal Corporation, Shimla are directed to implement the decision. In view of the directions/observations made hereinabove, the writ petition is disposed of. The Additional Secretary (Urban Development) shall file an affidavit of compliance before the Registrar General of this Court within a period of three weeks. There shall, however, be no order as to costs. (Jagdish Bhalla), C.J. June 15, 2009 (Rajiv Sharma), J. *awasthi*