1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.6177/2006 [Manohar s/o Bapurao Khorgade and one .vrs. State of Maharashtra and others] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P. LAVANDE AND P.D. KODE, JJ. DATED : SEPTEMBER 16, 2009. CAW No.6181/2008 1. Heard Mr. F.T. Mirza, learned counsel for the petitioners, Mr. N.W. Sambre, learned Government Pleader with Mrs. B.H. Dangre, learned Additional Government Pleader for respondent nos.1 to 4, Mr. C.S. Kaptan, learned counsel for respondent no.5 and Mr. S.K. Mishra, learned counsel for respondent no.6. 2. By way of this Public Interest Litigation certain directions are sought against the respondents for ensuring timely performance of duties bestowed under various statues for protecting the rights of citizens of Nagpur City developed as a model for entire nation. 2 3. It is the grievance of the petitioners that though several illegal unauthorized constructions by way of structures, display boards, statues, temples have erupted on public land, roads, pavements, foot-paths in violation of statutory provisions causing hindrance, obstruction for free passage to people at large still no action as warranted under the relevant statues has been taken by the respondents in respect of the same or against the persons responsible for the same. 4. During the course of hearing Mr. Mirza, learned counsel for the petitioners, urged that during religious festival pendals, temporary shops and welcome gates etc. are being created on public road causing immense hardship to the people at large in making use of the roads. According to Mr. Mirza all such activities are carried out illegally without obtaining permission from competent authority i.e. Nagpur Municipal Corporation. Mr. Mirza further submitted that in spite of City of Nagpur Municipal Corporation Act, Bombay Police Act, Maharashtra Regional Town Planning Act and Indian Penal Code containing the provisions for preventing, occurring of or coping with such situation, the authorities under said statues having failed to take action warranted for preventing erection of such structures i.e. pendals, temporary shops, welcome gates on public road, appropriate directions are required to be given to them. 3 5. Mr. Kaptan, learned counsel appearing on behalf of respondent no.5 and Mr. Sambre, learned Government Pleader for respondent nos.1 to 4 submitted that they will take all steps to ensure that the public streets are not blocked by erecting pendals, welcome gates, temporary shops etc. 6. Having regard to the situation brought to our notice regarding public roads, streets and having due regard to situation likely to arise during the festival days about the same, we deem it appropriate to issue the following directions to prevent hardship likely to be caused to the public at large due to the blockage of such roads and streets : (1) No permission even for temporary period shall be accorded by authorities empowered under Nagpur Municipal Corporation Act and/or Bombay Police Act for erecting any pendals, welcome gates, arches, stages of temporary nature or otherwise causing or likely to cause obstruction, disruption or to adversely affect free flow of traffic vehicular or otherwise on any public streets, roads within the area of Nagpur Municipal Corporation. (2) Municipal Commissioner, Nagpur and Commissioner of Police, Nagpur : (i) through their subordinate officers shall 4 ensure that in no manner the structures, constructions of nature referred in clause (1) are erected within the area under their control i.e. within the area of Nagpur Municipal Corporation; (ii) shall ensure that the duties/powers under the provisions of the Maharashtra Regional and Town Planning Act, City of Nagpur Municipal Corporation Act, Indian Penal Code and the Bombay Police Act are duly properly exercised/performed by their subordinate officers for ensuring the matters stated in clause (i); (iii) Still in event of erection of any such structures as referred to in clause (1) in any particular area, shall fix responsibility regarding the same upon the officer deputed by them for such area to ensure non- erection of such type of structure in said area and shall take appropriate action against them. 7. The application stands disposed of. 8. Steno copy of this order duly authenticated by Court Sheristedar be supplied to the parties to act upon on payment of usual copying charges. JUDGE JUDGE Gulande