Hawkers do not have a legal right to occupy parts of public streets and footpaths for carrying on business, and the Corporation of Calcutta is not estopped from removing unauthorized constructions on public streets and footpaths due to its inaction.

1. THIS application appears to be a sequel to a matter recently disposed of by me, being Matter No. 183 of 1959 (Sudhir Kumar Banerjee and anr. v. The Commissioner, Corporation of Calcutta and Ors.) in which the Rule has been made absolute by my judgment dated November 17, 1960, and a writ in the nature of mandamus has been issued directing the Commissioner to the Corporation of Calcutta and the Calcutta to remove or cause to be removed, the unauthorised constructions on the footways and footpaths on Rash Behari Avenue, abutting the premises No. 195, Rash Behari Avenue, in the suburbs of Calcutta, and to exercise all the powers conferred upon them by the Calcutta Municipal Act, 1951 or the bye-laws in force, for that purpose. A writ was issued in the nature of mandamus directing the Commissioner of Police, the respondent No. 3, to render adequate help and assist the said Commissioner to the Corporation and the Corporation of Calcutta in carrying out their statutory duties in this behalf, in clearing the obstructions including the unauthorised structures, to public user of the footpath and/or footways flanking Rash Behari Avenue at its junction with Ekdalia Road, as mentioned in the petition. The facts in that case were shortly as follows: The petitioners in that case, Sudhir Kumar Banerji and Sm. Reba Mukherji (respondents No. 1 and 2 herein) are the owners of the premises No. 195, Rash Behari Avenue. It is a vacant plot, having a road frontage of about 226 ft. on its south, upon Rash Behari Avenue, an important public street in South Calcutta. Sometime in 1955, a circular was issued, purporting to be by the "west Bengal Hawkers' Association", stating that Government had given formal permission for the establishment of a Hawkers' Corner on Rash Behari Avenue at its junction with Ekdalia Road. It appears that the Commissioner of Police had given formal permission for opening the Hawkers' Corner, without any reference to the Corporation of Calcutta, upon whose land it was proposed to establish it. Thereafter, the entire frontage of the premises No. 195, Rash Behari Avenue has been blocked by a row of stalls built on the public footpath, that is to say, on land vested in the Corporation of Calcutta. This was done without the consent of the Corporation of Calcutta, and now a market is being carried on there, not only obstructing the footpath and the use thereof by the members of the public, but also blocking up completely the access to the premises No. 195, Rash Behari Avenue. The owners approached the Corporation of Calcutta, as also the Commissioner of Police to remove the obstruction, but to no effect. The Corporation communicated with the police authorities but no reply was given to their communication. Thereafter, the said owners of premises No. 195, Rash Behari Avenue, who have been made respondents Nos. 1 and 2 in this case, made an application to this Court and a rule was issued, in Matter No. 183 of 1959, mentioned above. Originally, none of the hawkers carrying on business and occupying the hawkers' corner mentioned above were made parties. Subsequently however, some of them, whose names could be ascertained by the petitioners were made parties. Leave was granted under Order 1, Rule 8 of the Code of Civil Procedure, and advertisements were issued in newspapers requesting all parties interested to come and join in the application, if they were affected thereby. Certain members of the public availed themselves of this liberty and joined in the application, and supported the same. This application was successful and the Rule was made absolute on the 17th November, 1960 as aforesaid. Now, an application is made by 4 persons, of whom Nos. 1 and 2 state that they have been carrying on business as hawkers, in what they say is known as "rash Behari Avenue Hawkers' Corner". It is not very clear from the petition as to whether it is the same hawkers' corner at the corner of Ekdalia Road in respect of which a writ of mandam