Himachal Pradesh High Court
Court On Its Own Motion vs State Of H.P. And Others on 19 July, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.: 122 of 2018.
.
Decided on: 19.07.2018.
Court on its own motion ....Petitioner.
Versus State of H.P. and others ...Respondents. Coram The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioner : Court on its own motion.
For the respondents : Mr. Adarsh K. Sharma, Addl.
Advocate General for the respondents-State.
Sanjay Karol, Acting Chief Justice (Oral) On 10.07.2018, we had passed the following order:-
"By way of the present petition, so registered on the basis of a letter addressed to this Court, of which suo motu cognizance is taken, letter petitioner namely Shri Vipan Sood, resident of Village Bohan, Ward No.6, P.O. & Tehsil Jawalamukhi, District Kangra, H.P., has highlighted various acts of omission and commission of the Municipal Council, Jawalamukhi. According to him, the said Council is not taking action in removing unauthorized encroachers, who are sitting on the pavements, thus blocking the path and the shops. Also, perhaps shops stand allotted in an arbitrary and illegal manner.::: Downloaded on - 20/07/2018 23:01:48 :::HCHP
Notice. Ms. Rita Goswami, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents/State. Separate notice be issued .
to respondent No.5, returnable for 13.7.2018. Response by the appearing parties be positively filed before the next date of hearing.
We appoint Mr. Sandeep Chauhan, Advocate as Amicus Curiae to assist the Court (Mob. No. :9816049103; E-mail: sandipkamleshchauhan@gmail .com). Registry is directed to supply complete paper book to the learned Amicus Curiae and learned counsel for the respondents within a period of two days.
Mr. Sandeep Chauhan, learned Amicus further points out that the allottees of the shops have also extended their shops over the public road so as to obstruct free flow of pedestrian/vehicular traffic on the road leading from the National Highway to the shrine of Mata Jawalaji.
Before we pass any further order(s), we direct the Sub Divisional Magistrate, Jawalamukhi, to have the entire area around the shrine inspected and more particularly the road which passes through the Jawalamukhi town and the one which leads to the shrine.
If during the course of inspection, anyone of the hawkers or persons is found sitting and vending wares without any authorization, appropriate action for removal thereof shall be taken.
Also, if anyone of the allotees is found to have extended his shop beyond the limits of the shop allotted/owned by the shopkeeper, he shall be asked to forthwith remove such obstructions/encroachments and if necessary get the same removed.::: Downloaded on - 20/07/2018 23:01:48 :::HCHP
Also, steps shall be taken for removing the encroachments allegedly carried out in front of the 2/3 shops which could not be allotted for this reason.
.
While carrying out such inspection, the Temple Officer of Mata Jawalaji Trust shall be associated.
Mr. Adarsh Sharma, learned Additional Advocate General states that such inspection shall be carried out by 11.7.2018. Let report be obtained through electronic mode by 13.7.2018.
Learned Amicus Curiae undertakes to get in touch with the letter petitioner, informing the pendency of the proceedings and also ascertain as to whether any further information for adjudication of the present lis is required to be furnished.
List on 13.7.2018. "
2. On 13.07.2018, Mr. Adarsh K. Sharma, learned Additional Advocate General has handed over communication dated 12.07.2018, which reads as under:-
"I have the honour to refer to your communique number CWPIL No. 122/2018 dated 10/07/2018 on the subject captioned.
In this regard it uis submitted that in order to comply with the order dated 10.07.2018 passed by Hon'ble High Court of H.P. in CWPIL No. 122/2018, a committee consisting Sub-Divisional Police Officer, Jawalamukhi, Tehsildar Jawalamukhi, Assistant Engineer HPPWD, Sub-Division, Jawalamukhi, Assistant Engineer, I&PH, Jawalamukhi, Temple Officer Jawalamukhi Temple Trust was constituted to get the orders implemented in its letter and spirit. The President Municipal Council and ::: Downloaded on - 20/07/2018 23:01:48 :::HCHP concerned Ward Member of the MC, Jawalamukhi were also associated in this committee under the chairmanship of Sub-Divisional Magistrate, Jawalamukhi. The committee .
inspected the entire area around Holy Shrine and more particularly the road which passes through the Jawalamukhi Town and one which leads to the shrine. On the very outset of the action, repeated announcements through public address system were made to aware every shopkeepers, street venders and hawkers sitting on the pavements of the road passing through Jawalamukhi Town and roads leading to shrine about the orders of Hon'ble High Court. All the concerned were given reasonable time of three hours to get their unauthorised occupation removed at their own. On the completion of the time limit, the committee started its action for removal of encroachments with the help of labourers of Municipal Council, Jawalamukhi and men power and machinery provided by Assistant Engineer, H.P.P.W.D. Sub-Division Jawalamukhi. Encroachments near main temple Gate on road leading to holy shrine were identified with the holp of revenue team and got removed from the site by deploying men and machine. During the course of action every type of obstructions/encroachments done by way of extending shops beyond the limits of the shop allotted/owned by the shopkeepers were removed accordingly and the road leading to holy shrine was made clear for the smooth pedestrian/vehicular traffic. It has also been ensured that no unauthorised street vendors sell their wares on the temple road vis-a-vis other concerned areas as directed by the Hon'ble High Court. The similar action was carried out at other sites of the main road passing through Jawalamukhi Town.::: Downloaded on - 20/07/2018 23:01:48 :::HCHP
Apart from above, to ensure the free flow of pedestrian/vehicular traffic on the3 temple road and main road passing through Jawalamukhi town, the Executive .
Officer, Municipal Council Jawalamukhi has been directed to keep consistent surveillance on these areas on day to day basis. He may further seek police assistance as and when required for the purpose.
Hence the compliance report is submitted for the kind perusal of the Hon'ble High Court please."
3. Thus, the contents of the letter petition are turned up to be correct. Also, we find the respondents to have taken appropriate remedial measures.
4. In view of same and the assurance of Mr. Adarsh Kumar Sharma, learned Additional Advocate General that in future also, encroachments, if any, shall continue to be removed promptly, we close these proceedings.
5. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Sandeep Chauhan, learned Amicus Curiae, who, on the instructions of this Court obtained necessary feedback.
Registry is directed to send a copy of this judgment to the Deputy Commissioner, Kangra (respondent No. 4) and Executive Officer, Municipal Council, Jawalamukhi (respondent No. 5), for necessary action as well as to the letter ::: Downloaded on - 20/07/2018 23:01:48 :::HCHP petitioner to enable him to take follow up action, if any, with the authorities concerned.
.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge July 19, 2018.
(narender/guleria)
r to
::: Downloaded on - 20/07/2018 23:01:48 :::HCHP