IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10946 of 2006 Date of Decision: 4.12.2008 Sunit Sharma and others Petitioners Versus The Deputy Commissioner, Gurdaspur and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.R.S.Manhas, Advocate for the petitioners Mr.H.S.Sidhu, Addl.A.G. Punjab for respondent No.1 Mr.D.P.Gupta, Advocate for respondents No.2 and 3 Mr.S.C.Pathela, Advocate for respondents No.4 and 5 Mr.I.S.Rattha, Advocate Mr.Onkar Singh Batalvi, Advocate for Tourist Hotel, Pathankot .. T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to remove encroachments on the footpaths around the bus stand at Pathankot on account of which the public at large is facing inconvenience arising from traffic hazards in busy areas of the town. Civil Writ Petition No.10946 of 2006 2 When this petition came up before a Division Bench of this Court on 29.1.2007, this Court observed that a footpath is made for use by the pedestrians and cannot, therefore, be allowed to be encroached by anybody for carrying on his business. It also noticed the fact that although the Improvement Trust had in the written statement alleged that steps were being taken to remove the stalls from the footpaths, the written statement did not give any specific period within which that purpose would be accomplished. Directions were accordingly issued to the Improvement Trust to ensure removal of the stalls so that footpaths are made available for use by the pedestrians in and around the bus stand at Pathankot. On 7.3.2007, when the matter appeared again before this Court, removal of some of the encroachments was reported by Executive Officer of the Improvement Trust, Pathankot but some encroachments had according to the Executive Officer, continued on account of failure of the police authorities to provide police assistance. Directions were accordingly issued to the Deputy Commissioner, Gurdaspur and Senior Superintendent of Police, Gurdaspur, to provide the necessary assistance to the Improvement Trust authorities for removing encroachments from roads in Pathankot. The process of removal of the encroachments pursuant to the said directions appears to have started in which some hooligans were alleged to have assaulted the Executive Officer of the Improvement Trust and caused injuries to him. This Court took a serious note of that incident and directed the Deputy Commissioner and Senior Superintendent of Police, Gurdaspur to take strict action against illegal encroachments on Civil Writ Petition No.10946 of 2006 3 footpaths and roads in Pathankot and also to bring to book the culprits who had tried to assault the Executive Officer of the Improvement Trust. Adequate security to the officer was also directed by another order passed by this Court. On 28.5.2007 this Court directed the Improvement Trust to grant an opportunity of being heard to the affected parties and to pass speaking orders before taking action against them. The Trust, it appears, had in the meantime, passed a resolution for rehabilitation/ relocation of those who were affected by the drives undertaken by it. The said resolution was then submitted to the government for approval and has since been approved as is evident from the reading of an additional affidavit filed by Mr.Sidhu appearing for the State of Punjab. In the light of the approval of the resolution passed by the Improvement Trust, decks are now cleared for the Trust to take steps for relocation of those who have been affected by the drive undertaken by the Improvement Trust. Learned counsel for the Trust submits that with the grant of approval by the State government, the Trust would take all such steps as are necessary to make and implement suitable rehabilitation/ relocation plans for the affected persons. Even the Municipal Council has it appears undertaken preparation of plans for rehabilitation/ relocation of those affected by the encroachment removal drive. Having said that, we are of the view that the Municipal Council and the Improvement Trust shall have to continue their efforts to remove illegal encroachments and unauthorized constructions which have been found to be in existence in large number by Shri Deepak Sibal, Local Commissioner, appointed by this Court. It is Civil Writ Petition No.10946 of 2006 4 noteworthy that the said report deals with the Dhangu road which area of the city falls within the jurisdiction of the Municipal Council and Amritsar-Pathankot-Kulu road which is regulated by the Improvement Trust. A proper action against all such encroachments as have been reported by the Local Commissioner has to be taken by the authorities concerned after issuing notice to those likely to be affected by the same and after considering their objections. It was contended on behalf of some of the parties that the major problem especially in relation to traffic jams is relatable to the large number of Rehris (push carts) which have been allowed in the city by the Municipal authorities. These rehris are more often than not parked on the road side or footpaths creating congestion for vehicular traffic and also causing discomfort to the pedestrians. We fail to understand as to why municipal authorities continue to licence such mobile shops which are a source of great inconvenience and at times mishaps involving human lives. Municipal Council does not appear to have drawn up a proper plan as to the number of mobile push carts/ rehris that can be allowed, nor is there a uniform approach towards these establishments. We are informed that a very large number of such rehris/ push carts are run even without proper licences. In the circumstances, we deem it fit to direct that the municipal authorities would draw up an effective strategy to deal with the problems arising out of such mobile establishments. In the first phase such of the rehris/ push carts as are without any licences could be removed from the roads of Pathankot to prevent any traffic jams or hazards. The second phase could regulate the renewal of existing licences. This would involve Civil Writ Petition No.10946 of 2006 5 proper evaluation of the inconvenience and the traffic problem which the push carts are likely to create in a given area if the licence is renewed. Since there is no transparent method by which such renewals are granted in favour of such licencees, the municipal authorities would do well to evolve a proper methodology for grant of renewal and make such renewals permissible only if a responsible officer certifies that the grant of renewal will not create any inconvenience to any pedestrian or result in any obstruction to the free flow of traffic on the road. Similarly, grant of fresh licences should be stopped altogether or made very rare depending upon whether the area in which the person intends to start his business is free from problem of congestions and hazards of accidents. It is not necessary for us to go into further details which in our opinion can be better left to be looked into by the authorities concerned. All that we need say is that if there is a transparent, well considered strategy and if norms are formulated by the Municipal authorities, there should be no difficulty in enforcing adherence to the same. The problem arises only because of the absence of such norms and strategies. These proceedings would, therefore, be deemed to have served their purpose, if the authorities concerned act sincerely and undertake formulation of a proper norms and road map. The ground reality being better known to the officers concerned, it is expected of them that while formulating any such strategy/ norms they will keep the same in view to prevent any undue inconvenience or hardship and to any one and to prevent haphazard development of a growing township like Pathankot. Civil Writ Petition No.10946 of 2006 6 In the result, we dispose of this writ petition with the above directions and observations. We hope and trust that the authorities would continue their endeavour to remove and prevent illegal encroachments on public property especially those likely to cause any obstruction in the free flow of vehicular traffic or causing any inconvenience to the citizens in general. The parties are left to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE 04.12.2008 (JASBIR SINGH) gk JUDGE