Rajasthan High Court: The Bench of Mohammad Rafiq, and Goverdhan Bardhar, JJ. allowed this PIL filed for clearance of road which was encroached by shops, structures, vehicles etc.
This Public Interest Litigation was filed to draw the attention of the Court towards an attempt by Nagar Nigam, Kota to regularize the illegal and unauthorized constructions in old Sabji Mandi, Kota which caused obstructions in the public passage and in the market. A notice/advertisement in 2013 was issued by Nagar Nigam, Kota which invited applications to regularize such constructions for which the land was either leased out or was given on license. The petitioner filed contempt petition alleging non-compliance of the aforesaid order. Photographs were also produced on record by the applicants. These photographs prima facie showed bodies/temporary structures/kiosks having been put on the land of the public road. This reduced the width of the road and also obstructed the free flow of traffic when the market operated. The shopkeepers had put their goods/items on part of the road. The parking of two-wheelers and other vehicles by the shop owners and the customers also aggravated this issue. The question here was whether Nagar Nigam which granted a license to these kiosk holders several decades ago when there was no problem of huge population in the city of Kota and also there was hardly any traffic issue, can be permitted to regularize such possession/construction?
The Court while considering the facts directed their removal. [Prem Kumar Agarwal v. State Urban Development, 2019 SCC OnLine Raj 17, Order dated 10-01-2019]
