IN THE HIGH COURT OF JHARKHAND, RANCHI
W.P (PIL) No. 6141 OF 2008
Rajneesh Misra Vs. Union of India & Ors.
With
W.P (PIL) No. 720 OF 2010
Smt. Manju Singh Vs. State of Jharkhand & Ors.
With
W.P (PIL) No. 1872 OF 2010
Ashish Kumar Singh Vs. State of Jharkhand & Ors.
With
W.P (PIL) No. 2519 OF 2010
National Hawker Fedration, Ranchi Vs. Union of India & Ors.
With
W.P (PIL) No. 1968 OF 2010
Ashish Kumar Singh Vs. State of Jharkhand & Ors.
With
W.P (PIL) No. 1329 OF 2010
Ashish Kumar Singh Vs. State of Jharkhand & Ors.
With
W.P (PIL) No. 1911 OF 2010
Ram Ayodhaya Singh Vs. State of Jharkhand & Ors.
With
W.P (PIL) No. 4081 OF 2009
Dilip Rajgarhiah Vs. State of Jharkhand & Ors.
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CORAM HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE D.N.PATEL
For the Appellant/Petitioner Mr.D.Jerath
For the Respondent-State Mr.A.K.Sinha, AG
For the Respondent-Pollution Control Board Mr.A.K.Pandey
For the Respondent-RMC & RRDA Mr.R.R.Nath, Mr.A.K.Singh
For the Respondent-UOI Md.M.Khan
For the Intervenor M/s.V.P.Singh, Sr.Advocate, A.K.Sinha, A.K.Shekhar
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26/4.2.2011
Heard counsel for the parties.
The petitioner has produced a C.D. That C.D is not exhibited today, but is
only passed to the counsel for the respondents for their observation and to see as to
their inaction which resulted in catastrophe in the city. One C.D is kept with this Court
for being an evidence for the position as is existing today. In future, every citizen of this
city will have the right to petition this Court about the encroachment, which he
considers to be illegal, with a photograph. A copy of that petition will be given to the
Police, R.R.D.A and Municipal Corporation and within one week, these three official
agencies will take appropriate action for removal of that encroachment. In case that is
not done, then this Court will judge individual cases and saddle cost with the official
agencies for their inaction and encroachers with exemplary compensation for illegally
occupying a territory which do not belong to the encroachers. Such encroachment
petitions will be made individually and should not be made collectively. If such petitions
are made frivolously, frivolous petitioner will also have responsibility of being saddled
with exemplary cost.
A general observation is made that those who are occupying territories not
belonging to them should suo motu clear the same within a week including those places
in multi-storeyed buildings which are meant for parking. If this is not done, after one
week each one of these authorities will remove the illegal occupation. It is also brought
to the notice of this Court that a Bank is also indulging in illegal occupation of territory
meant for parking. If the Bank does not clear the same suo motu, they will also be
saddled with cost which may travel in huge amounts because this cannot be permitted
that responsible commercial organizations will indulge into illegal occupation of spaces
meant for parking. They should own their social responsibility and suo motu clear
places before the next date.
Few cases of harassment to the hawkers have been brought to this
Court . This Court notices that hawkers have not followed the advice given by this Court
in right perspective that they were required to shift in lanes and bye-lanes. They are
advised to move to lanes and bye-lanes and leave the main roads. The officials will not
harass such hawkers who move from the main roads to the lanes and bye-lanes.
Put up on 11.02.2011.
Let copies of this order be given to the counsel for the parties for seeing
the progress of the work.
(Bhagwati Prasad,C.J.)
(D.N.Patel,J.)
dey