The Uttarakhand High Court has held that a street vendor / tehbazari holder has no right to permanently occupy any public land, much less a public street, and thereby cause obstruction in the free movement of people or traffic.
The Division Bench of Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari heard a Public Interest Litigation (PIL) filed by the the petitioner who is aggrieved by the encroachment which has taken place on the main road at Tehsil Mod to Bansfodan Police Chowki in Kashipur city.
The grievance of the petitioner is that the said road is between 25-40 feet in width at different places. Due to encroachment of the said road on either side by the vendors, the width of the road available for traffic has shrunk to about 10 feet. This is leading to choking and congestion in the area. The grievance is also with regard to lack of convenience and facilities. The unauthorized markets and encroachment is leading to collection of garbage in the area which is not being cleared.
Kaushal Sah Jagati, the counsel for the petitioner, stated that the order dated 30.08.2022 has not been complied with till date.
Davesh Bishnoi, the counsel for Nagar Nigam, apprised the Court that he has filed the compliance report in the Registry, and the Nagar Nigam is keeping the area clean of garbage. Further status reports will be filed by Nagar Nigam before the next date.
The Division Bench clarified that the non-compliance of our order dated 30.08.2022 shall be viewed strictly and appropriate action for contempt of court will be initiated against the concerned authorities for non-compliance of the said order.
The matter is listed on 02.11.2022 for further hearing.
It is pertinent to note that the High Court directed the SDM concerned to make a site visit and demarcate the boundaries beyond which no encroachment should take place along with road aforesaid. The boundaries should be marked on the road in ‘yellow’ paint. The SHO of the local police station shall ensure that no encroachment takes place beyond the boundaries marked. The SDM shall ensure that the width of the road is maintained to at least 20 feet so as to allow the movement of traffic to and fro simultaneously. The respondents should also ensure that the garbage collected in the marked area is regularly collected and disposed of on a daily basis.