The Jabalpur Bench of Madhya Pradesh High Court on Wednesday directed the removal of encroachments on the Penti Naka to Barela stretch of the National Highway 12-A.
The Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla passed this judgment, while disposing of the PIL filed by R.K. Singh Saini, President of District Bar Association and the Member of Bar Council, Jabalpur way back in 2018, seeking that the respondents may be directed to remove all temporary encroachments from either side of the 80 ft. wide road from Penti Naka to Barela on National Highway 12-A.
Radhe Lal Gupta, counsel for the petitioner, contended that so many vendors sit on either side of the road daily for their temporary businesses and when buyers came to them, they park their vehicle on both sides of the road thus creating congestion in traffic. The municipal authorities are not taking action for removal of encroachments.
It is further contended that the road was originally constructed by the National Highways Authority of India but now because the bypass has been constructed by them, the responsibility of maintenance of the road lies with the Municipal Corporation.
Swapnil Ganguly, the Deputy Advocate General, appearing for the state, submitted that the petitioner may be required to appear before municipal authorities, how may verify the fact as to whether any vending zone has been notified in or around the aforesaid road/area or any other nearby place so as to relocate such vendors/encroachers.
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The Court while considering the fact that petition is pending before the High Court since 2018, disposed of the PIL directed the Commissioner, Municipal Corporation, Jabalpur as well as the Chief Executive Officer, Municipality Barela, District Jabalpur to jointly carry out a survey and find out the vending zones in the vicinity of the road or any other adjoining area for the purpose of regulating trade of the vendors/encroachers and ensure that movement of traffic is not obstructed in any manner by illegal encroachment and unauthorized parking on either side of the road.