The obligation of the state and local authorities to prevent and remove unauthorized encroachments on public roads and footpaths, as well as the seriousness with which such encroachments should be viewed and addressed.

JUDGMENT

Sangeet Lodha, J. - By way of this writ petition (PIL), the petitioner is seeking directions to the respondents to remove encroachments on New Sanganer in the area of Mangal Mandir, Cheel Gadi Restaurant opposite Saint Wilfard College and Arawali Marg, V.T. Road, Heera Path, Rajat Path and Swarn Path of Jaipur.

2. Precisely, the case set out by the petitioner is that the unscrupulous persons have made encroachments on the road from Mansarovar Metro Station to Sanganer Flyover, which is shown in the Master Plan of Jaipur as 200 ft. wide. Besides the sector roads in the areas specified as aforesaid, have also been encroached upon, which has resulted in traffic hazards. It is submitted that despite complaints being made, no steps are taken by the respondent authorities to remove the encroachments.

3. A reply to the writ petition has been filed on behalf of Jaipur Development Authority (JDA), wherein it is not disputed that the as per the Master Plan, the width of the sector road from Mansarovar Metro Station to Sanganer Flyover is 200 ft.. According to the respondents, on the said road, the encroachments made are not being regularised and the proceedings have already been initiated for removal of the encroachments by issuing notices under Section 72 of Jaipur Development Authority Act, 1982. It is submitted that the encroachments by two marriage gardens namely, Vivan and Golden Venue Marriage Home, have already been removed. It is submitted that the encroachments made on the sector road is being marked and enlisted for removal as per the procedure laid down.

4. Learned counsel appearing for the petitioner contended that admittedly, at the places specified in the writ petition, there exists encroachments, however, no effective steps are being taken by the local authorities to remove the encroachments. Learned counsel submitted that in Gulab Kothari v. State of Rajasthan: 2017 (1) WLC 562, this Court has already issued directions to the local authorities and the State Government to take immediate steps to check and remove the encroachment and unauthorised constructions over the public ways and footpaths and thus, inaction on the part of the local authority is ex facie violative of the directions issued by this Court.

5. On the other hand, learned AAG appearing for the State and the JDA while not disputing the existence of the encroachments on the roads and the areas specified, submitted that the effective steps are being taken to remove the encroachments. It is submitted that the process for identifying the encroachments has already been started and some of the encroachers have already been served with the notice to remove the unauthorised constructions over the public road.

6. We have considered the rival submissions and perused the material on record.

7. In Gulab Kothari, this Court while dealing with the issue of encroachments over the public ways and footpaths, categorically observed:

"146. It is well settled that the footpaths and public roads are meant for convenience of public at large and no private person can be allowed to make unauthorised use of the same for personal use. As a matter of fact, every citizen has right to pass over the footpaths and public ways and custody thereof with the State and the Local Authorities is in realm of public trust and therefore, what to say of private individuals even, the State Government and Local Authorities are yoked under an inhibition not to put any structure on footpaths and public ways, which is not necessary for regulating and maintaining the user thereof. Every inch of the land forming part of footpaths and public ways has to be preserved and maintained meticulously and therefore, the State Government and the Local Authorities, who are under an obligation to check growth of unauthorised encroachment made by unscrupulous persons on footpaths and public ways and remove the same, cannot shirk from their responsibility to take the appropriate measures in this regard.

147. This Court