R.K. ABICHANDANI, S. NAINAR SUNDARAM
(1.) In view of the suggestions made by the Court the Municipal Corporation of Ahmedabad has formulated a scheme for perma- nent lorry-stands at different places in the city and a notice to that effect after obtaining sanction of the Standing Committee has been issued and published in JANSATTA Daily of 16/12/1980 The scheme seems to be a reasonable scheme with a view to balance the requirements of the citizens on the one hand so far as use of the public street lands is concerned and the requirements of handcartwallas and Gallawalas to ply their trade. We must make it clear that so far as handcartwallas who have got hawkers licences and who are plying their handcarts from place to place are concerned they are not governed by the scheme as they cannot be said to form any obstruction or encroachment on any public street lands. As regards the other Gallawallas and lorrywallas who keep their Gallas and lorries parked at fixed places for the whole day or a substan- tial part thereof either for long periods of time through the day or for whole day they will be affected by the scheme and we have made it clear both to the Police Authorities and the Municipal Authorities that after the new scheme comes into force no Gallas or lorries should be allowed to remain except at places covered by the scheme published in the JANSATTA of 16/12/1980 The injunctions which have been issued in these cases will continue till the midnight of December 31 19/01/1981 Subject to the operation of this scheme this Special Civil Application and other Special Civil Applications in this batch are dismissed.
(2.) The scheme was framed because there is an obligation on the municipal authorities to provide public stands of this kind. On the other hand there has been a proliferation of Gallas and lorries causing encroa- chment of public street lands and obstruction to the smooth flow of pedestrian traffic and other traffic on roads. Barring those who are already keeping lorries or Gallas by way of special licences all other licencees before us today who have only hawkers licences may move about from place to place playing their lorries or Gallas but there is no right to any such hawker to hawk at a particular fixed place where he can carry on his business by keeping his lorry or Galla or handcart parked at a particular place for a considerable duration of time. It is because of this aspect of the case of causing encroachment of public streets or obstruction to the traffic that the municipal authorities wanted to take action but by way of a balance between the twin requirements one of the municipal authorities to keep public street lands free from any encroa- chment and obstruction and the other for more places for open markets of this kind the scheme for public stands was evolved and it was as a result of the recommendations of a Committee appointed by this Court that finally the whole scheme has been evolved by the Municipal Corporation.
(3.) So far as the merits of the matter before us are concerned none of the petitioners before us has a right to keep his lorry or Galla parked at a particular place but at the same time there was an obligation on the Municipal Corporation which is now being worked out in this scheme. It is because of these reasons that these Special Civil Applications are being dismissed. It will be open to the petitioners to apply to the Municipal Corporation for licence for a fixed lorry stand in accordance with the scheme which has been published in JANSATTA of 16/12/1980 Interim relief granted to continue till the midnight of December 31 19/01/1981 Rule discharged with na order as to costs. Rule dismissed.