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Andhra Pradesh High Court
Judges : MOTILAL B.NAIK
Secunderabad Bunks (KIOSKS) Owners Association - Appellant
Versus
Commissioner, Municipal Corporation of Hyderabad - Respondent
W.P. No. 10213 of 89
Decided On : 10-13-93
Advocates Appeared :
Mr. V.V.S. Rao, Mr. Khader Alikhan
HELD:-The members of the petitioner-association have erected bunks only on obtaining proper licence. They have also been paying rents as fixed by the respondents at least upto 1988. Thereafter, the respondents issued notices of removal and have not collected rents due. Petitioner states that its members are prepared to pay the entire rents due at any time.
Therefore, it cannot be said that the members of the petitioner-association are carrying on the business in the premises without permission.
The need for road widening cannot be equally ignored, as it is to prevent traffic hazards. Therefore, in order to protect the interest of the society at large, it is necessary to modulate schemes for rehabilitating such persons who are doing small business on foot-paths or road-margins. The would not only help the Unemployed to make livelihood on their efforts but also reduce traffic congestion. The Corporation could also get some income by way of licence-fee which would be collected from the petty vendors.
The object or our Constitution is to ensure "Social Justice" to all its citizens. Therefore, the onerous task in the pursuit of rendering social justice to its citizens mainly rests on the. Government. The changing needs and the requirements of the society have to be met. Governments are obliged to provide work to their citizens. When the resources are meagre, Governments are also handicapped in meeting the requirements. Therefore, schemes for self -employment are to be encouraged. The aspirations of teaming millions to have white-collared jobs cannot be met by the Government when resources are meagre, particularly so in a country with huge population, where more than 50% of its population live below poverty line. Therefore, a pragmatice approach is needed in the endeavour of ensuring social justice to all citizens. The following directions would meet the ends of justice;
(1) The respondents shall restrain themselves from interfering with the trade or business activity of the members of the petotioner association till a scheme or modalities for rehabilitating the memhers of the petitioner-association is or are worked out.
(2) The respondents are entitled to collect rents from the members of the petitioner-association, including arrears at the rates applicable, till they continue to operate business in the present premises.
( 1 ) THE Writ petition is filed by Secunderabad Bunks (Kiosks) Owners Association, Secunderabad, represented by its General Secretary, seeking a mandamus or an appropriate writ or order directing the respondents not to interfere with the trade and business of the members of the petitioner-association and to restrain the respondents from demolishing the kiosks of the members of the petitioner association situated on Sarojini Devi Road (for short s. D. Road ), opposite Swapnalok Complex, Secunderabad, numbering about 76, and a consequential declaration that the action of the respondents in attempting to demolish their kiosks as illegal, arbitrary and hit by Art. 19 (1) (g) of the Constitution of India.
( 2 ) PETITIONER-ASSOCIATION claims that it was founded for the purpose of achieving the common object to fight against the municipal authorities in order to protect their bunks numbering about 100 situated on S. D. Road, Secunderabad. It is stated that in and around 1975 to 1980, members of the petitioner-association were allotted place on the basis of applications to the respondents, on condition of paying ground rent of Rs. 48. 00 per bunk. On the basis of said allotments, bunks were erected by the members of the petitioner-association on an investment roughly ranging from Rs. 8,000. 00 to Rupees 15,000/- for each bunk. The holders of these bunks are carrying on business dealing in consumer articles, such as motor parts, carpentry, painting, etc. The bunks have been provided with electricity facility also. Trade licence to members to carry on their business has been provided by the respondents. It is stated that the bunk-holders are members hailing mostly from weaker sections of the society and are unemployed. By catering to the petty business, their families are being maintained on the income derived.
( 3 ) IT is further slated that prior to obtaining valid licence to have their bunks in the area on S. D. Road, the members of the petitioner-association were doing business at different places putting up small bunks near Secunderabad railway station, market street, Alpha Hotel and S. P. G. Church. In the year 1974-75, the municipal authorities, in order to widen the road leading to railway station, discussed the matter with the members of the petitioner-association and promised that they would be given site on S. D. Road. Pursuant to the understanding arrived at between the authorities and the members of the petitioner-association, notification was issued in news-papers on 18-1l-1975 seeking applications for allotment of sites on S. D. Road. As per condition No. 4 of the notification, it was categorically stated that preference would be given to the applicants who vacated their bunks in and around Secunderabad railway station.
( 4 ) PURSUANT thereto, the members of the petitioner-association applied and, therefore, small extents of land on S. D. Road were allotted, on which the members of the petitioner-association erected bunks and are doing business dealing in petty articles. Pursuant to erecting bunks, some of the members have invested nearly Rs. 40,000. 00 to Rs. 50,000. 00 towards stocks to be maintained in the bunks by taking loans from various financial institutions. It is also stated that the area allotted to the members is not on the footpath, but is on the road margin. Therefore, there is no disturbance or nuisance caused to the pedestrians. It is further stated that the roads are sufficiently wide enough to meet the traffic requirement and there is no further need for the respondents to widen the roads. In the year 1992, roads were widened to an extent of 19. 6 , 20 , 21 and 12 at different places. Therefore, it is stated, though the intention of the respondents was to extent the road up to 60 , the point where the members of the petitioner-association are doing business, the width on the northern side is 60 and on eastern the 87 . It is denied that the members of the petitioner-association ha
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