Point of Law: If any illegal or unauthorised constructions of the bus waiting shed are in existence, any action in this regard has to be taken by the first respondent.

JUDGMENT :

S. MANIKUMAR, J.

Mr.Azeez.K., petitioner is stated to be a social worker and trade union activist. He has filed the instant Public Interest Litigation alleging unauthorised construction of commercial establishments on either side of Kalpetta-Mananthavady State Highway under the guise of unauthorised construction of bus waiting sheds by many persons; and both Kaniyambetta Grama Panchayat/the 2nd respondent and the Executive Engineer, the Public Works Department, Kalpetta, Wayanad district/respondent No.1 have not taken any action to remove the above.

2. According to Mr. P. T. Mohan Kumar, learned counsel for the petitioner, during the pendency of this writ petition, further encroachment has been made and the Grama Panchayat authorities are yet to take any action on the illegal encroachments.

3. Reliefs sought for in this writ petition are as follows:

I. Issuing a writ, order or direction in the nature of mandamus or other appropriate form of writ, commanding the 1st and 2nd respondent to initiate appropriate action in a time bound manner to demolish the illegal structures claiming to be used as bus waiting sheds and directing the respondents to restrain construction of such illegal structures on the sides of Kalpetta-Mananthavady State Highway, especially in Kambalakkad Town, within the limits of Kaniyambetta Grama Panchayat;

II. Issuing a writ, order or direction in the nature of mandamus or other appropriate form of writ commanding the 2nd respondent, to provide all the facilities and amenities in the Kambalakkad bus stand, as contemplated under the Rules, and in compliance with all statutory mandates.

4. Material on record discloses that a statement dated 18.02.2019 has been filed on behalf of respondent No.1/the Executive Engineer, stating that when PWD authorities attempted to remove bus shelters, local public restrained the PWD from removing the bus shelters, as they are used by many students and old people, and therefore, PWD could not remove the unauthorised bus shelters.

5. Relevant portions of the said statement read as under:

“4. It is an incorrect allegation that the Executive Engineer has remained as a mute spectator in this regard. During the budget work on this road PWD had demarcated the road boundaries and all the encroachments were removed from the road. But when it came to the notice of PWD that the road has been encroached by individuals and political parties after completion of the road work, notice was issued in newspapers to remove the encroachments. As the encroachments were not removed voluntarily, Assistant Engineer, PWD Roads Section, Kapetta and his team started removing the bus shelters erected without obtaining permission, advertisement boards and small bunk shops on Mananthavady Kalpetta road obstructing the flow of traffic. PWD was able to remove illegal bunk shops and advertisement boards. But when PWD men attempted to remove bus shelters, the local public restrained PWD from it stating that these bus shelters are used by many students and old people. Therefore, PWD could not remove the unauthorised bus shelters.

5. In this circumstance, PWD had addressed the Panchayath President, Kaniyambetta Panchayat (in which Kambalakkad town situated) by a letter dated 15.12.2018 and on 14.01.2019 requesting the Kaniyambetta Grama Panchayat to convene a traffic advisory committee meeting intimating the Revenue Department, Regional Transport Officer, Police, political parties and all stake holders to identify the unauthorised bus waiting sheds which are not used by the local people. It was also informed that once the illegal bus shelters are identified, PWD will remove the encroachments and ask others to get sanction from PWD for bus waiting sheds which are used by local people, though it is illegally constructed. It was in this background to give sanction for bus waiting shelters, which are erected illegally, but may be necessary for public use, Annexure-R1(a) guidelines stated above are prepared by the As