1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR P.I.L. NO. 8 OF 2010. Shri Madan Pralhad Thool .vs. The State of Mah. & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. Dipti Tidke, Advocate for petitioner, Mrs.B.H. Dangre, Addl.G.P.for respondent nos.1,6,7& 8. Mr. J.B. Kasat, Advocate for respondent no.2, Mr. M.V. Samarth, Advocate for respondent no.3. CORAM : S.A. BOBDE & MRS. MRIDULA BHATKAR, JJ. DATED : OCTOBER 20, 2010. C.A.O. NO. 1261/2010 : The application for intervention is allowed by consent. Mr. K.H. Deshpande, learned Senior Counsel for the applicants/intervenors, submits that the land over which the Yeshwant Stadium is located and the land which is being utilised for parking of Stat Buses and from which one strip is proposed to be given for parking of vehicles under our earlier order dated 27.9.2010 in fact a land which was donated by one Shri Patwardhan to Nazul and now belongs to Nazul. Mrs. B.H. Dangre, learned Addl. G.P. for respondent nos. 1,6, 7 & 8, states that the land has been leased to the Nagpur Municipal Corporation. 2 Mr. K.H. Deshpande, learned Senior Counsel for the applicants/intervenors, further submits that the land is meant for use as a playground for children residing nearby, such as in the locality of Dhantoli. He further submits that the Nagpur Municipal Corporation which has constructed the Yeshwant Stadium on the land has restricted the entry into the stadium which is really meant to be used a playground and whichever child wishes to play there is not allowed to enter and play. It is further submitted that the land is being used for commercial exploitation by renting the stadium out for events and functions and this has resulted in an unwarranted change of user. Mr. J.B. Kasat, learned Advocate for respondent no.2/Nagpur Municipal Corporation, seeks time to file a reply on affidavit. We further direct that the respondent Collector, Nagpur should produce a copy of the lease-deed of the land in question to the Nagpur Municipal Corporation to enable the Court to ascertain the terms and conditions on which it is leased. We further direct the Nagpur Municipal Corporation to produce the Town Planning Map showing the reservation of the area within a period of two weeks. Mr. K.H. Deshpande, learned Senior Counsel for the applicants/intervenors, further points out that a large part of this land in question is being used as a thoroughfare, as a 3 result of which the area cannot be used for any other purpose. Mr. J.B. Kasat, learned Advocate for respondent no.2/Nagpur Municipal Corporation, seeks time to verify and make a statement about the manner in which passage over the land can be restricted either by diverting the passage or making a suitable fencing. C.A.O. NO. 1217/2010 : The application for intervention is allowed by consent. Mr. S.V. Manohar, learned Counsel for the applicants/intervenors, submits that the applicants are vendors of food items which have been displaced from the area in pursuance of the order of this Court. The learned Counsel submits that the applicants do not seek rehabilitation on the area from which they were displaced but seek rehabilitation nonetheless. Mr. J.B. Kasat, learned Advocate for respondent no.2/Nagpur Municipal Corporation, reiterates what was stated to the Court on the last occasion, namely, that the food vendors which have been displaced have in fact been allotted an area for hawking opposite Hardeo Hotel, but they have not used that area and instead have occupied the area from which they have been removed. Mr. S.V. Manohar, learned Counsel for the 4 applicants/intervenors, submits that the area which is referred to by the learned Counsel for the Nagpur Municipal Corporation is in fact on the bank of the Nag nullah which is dirty and cannot be used for hawking of food items. In the circumstances, we direct the Nagpur Municipal Corporation to consider rehabilitating the applicants in a suitable area or making the area which has been allotted to them suitable for the purposes of hawking by making appropriate changes in the area. In case the rehabilitation on a site other than the one opposite Hardeo Hotel is not possible, the applicants and the officer of the Municipal Corporation, namely, Mr. Ajay Ramteke, Additional Deputy Municipal Commissioner or such other officer as may be deputed by him, shall jointly visit the site and the applicants may suggest the changes necessary to make the area opposite Hardeo Hotel suitable for hawking of food items. The report of joint inspection shall be submitted to this Court. Mr. S.V. Manohar, learned Counsel for the applicants/intervenors, submits that they have been displaced from an area admeasuring about 80000 sq.ft. He submits that an area of 8000 sq.ft. may be allotted to the hawkers in accordance with the priority which they shall determine themselves and the remaining hawkers may be allotted in the other area for the purpose of hawking. The joint inspection if 5 necessary shall be carried out on 25.10.2010. Before this date, the Municipal Corporation shall locate and offer an alternate place for relocation of the hawking zone for food items. S.O. to 18.11.2010. C.A.O. NO. 1255/2010 : The application for intervention is allowed by consent. Mr. A.C. Dharmadhikari, learned Counsel for the applicants/intervenors, submits that the applicants are Nagpur Booksellers Welfare Society, which has been established since 1996 for the purpose of taking care of the interest and welfare of old booksellers of Sitabuldi, Nagpur. He submits that they have been displaced under the earlier order of the Court dated 27.9.2010, but they have not been relocated. The only grievance is thus of a proper relocation. Mr. A.C. Dharmadhikari, learned Counsel for the applicants/ intervenors, submits that it would be proper if the applicants are relocated by the side of a wall near Morris College on the land which belongs to Nazul. Mrs. B.H. Dangre, learned Addl. G.P. for respondent nos. 1,6, 7 & 8, states that it will not be practicable to do so. Mr. J.B. Kasat, learned Advocate for respondent no.2/Nagpur Municipal Corporation, seeks time to make a 6 statement regarding this aspect. In the circumstances, we direct that a joint inspection shall be taken by a team comprising of two representatives of the applicants and the officer of the Municipal Corporation, namely, Mr. Ajay Ramteke, Additional Deputy Municipal Commissioner or such other officer as may be deputed by him and the Collector or such officer as may be authorised by him on 26.10.2010 for the purpose of suggesting a suitable place for relocating the old booksellers. We make it clear that the relocation need not be in the very same locality if no space is available but other space may also be offered and may be in the vicinity, as far as possible. P.I.L. NO. 8 OF 2010 : Mrs. Dipti Tidke, learned Counsel for the petitioner, states that the encroachments near Section 6, Gorakshan have not been entirely removed. Mr. J.B. Kasat, learned Advocate for respondent no.2/Nagpur Municipal Corporation, seeks time to verify and make a statement. S.O. to 18.11.2010. Steno-copy of order is granted. Judge Judge J.