The main legal point established in the judgment is that prior written permission from the Highway Administration is required to use the highway for purposes other than for which it has been constructed, and the undertaking by the municipal authorities to not establish any vending zone or grant licenses for construction of shops on the National Highway.

JUDGMENT :

B.R. Sarangi, J.

1. Jitendra Kumar Sahoo claiming to be a public spirited person has filed both the writ petitions in the nature public interest litigation. He filed W.P.(C) No. 10620 of 2016 to quash the notice dated 13.05.2016 under Annexure-3 issued by the Executive Engineer, Puri Municipality inviting applications for rehabilitation of the businessmen by establishing vending zone by the side of the “Bada Danda” at Puri. In W.P.(C) No. 10872 of 2016 he seeks to quash the tender process pursuant to notice dated 21.06.2016 under Annexure-1 issued by Executive Officer, Puri Municipality by which applications have been invited for allotment of cabins over the National Highway, “Bada Danda” from “Saradhabali”, i.e., “Bada Sankha” up to “Gundicha Temple” and further seeks for a direction to the opposite parties to keep the entire “Bada Danda” clean, free from all kind of commercial activities.

Both the writ petitions, having been filed by the same petitioner for similar cause of action, are heard together and disposed of by a common judgment with the consent of the parties.

2. Heard Mr. P.K. Rath, learned counsel for the petitioner, Mr. S.P. Mishra, learned Advocate General appearing for the opposite party-State, Mr. P.K. Mohanty, learned Sr. Counsel along with advocate Mr. A. Das, appearing for the Puri Municipality, Mr. Amitabh Das, learned counsel for the National Highways Authority of India (NHAI) and Dr. A.K. Mohapatra, learned Sr. Counsel along with advocate Mr. S.P. Mangaraj as well as Mr. S.S. Mohapatra, learned counsel for the intervenors.

3. W.P.(C) No.10620 of 2016 was listed on 29.06.2016 and considering the gravity of the case due to ensuing car festival, which is scheduled to be held on 06.07.2016, instructions were sought for from the learned Advocate General and notices were issued to the counsel appearing for the Puri Municipality and National Highways Authority calling upon them to obtain necessary instructions, and the matters were directed to be listed today, i.e., 30.06.2016. All the counsel having entered appearance, with their consent the writ petitions are being disposed of at the stage of admission, without calling for any counter affidavit.

4. Mr. P.K. Rath, learned counsel for the petitioner strenuously urged that “Bada Danda” at Puri has its cultural heritage for the purpose of car festival of “Lord Jagannath”. In the “Bada Danda”, the chariots of “Lord Balabhadra”, “Maa Subhadra” and “Lord Jagannath” are pulled by lakhs of devotees. “Bada Danda” has been declared as National Highway No.203 by the National Highways Authority having its specifications. But, Executive Officer, Puri Municipality having no authority of law has issued tender notice to have the vending zone and for grant of temporary license for carrying on business on the said road. Thereby, they are violating the provisions contained in the National Highways Act, 1956 and Rules framed thereunder.

5. Mr. S.P. Mishra, learned Advocate General states that the “Bada Danda” is to be used as a road, no shops can be established on the said road. In any case, since the municipal authorities have issued notice inviting applications for establishment of vending zone as well as for grant of temporary license for shops, it is the municipal authorities, who have to explain under what circumstances such notifications have been issued.

6. Mr. P.K. Mohanty, learned Sr. Counsel appearing along with Mr. A. Das, learned counsel for the Puri Municipality states that neither vending zone nor shops will be established on the National Highway declared by the National Highways Authority. It is submitted that the notification has been issued inviting applications for establishment of vending zone and grant of licence for opening of shops on the area, which is beyond the National Highway. Therefore, he candidly states and undertakes that no license would be granted and no vending zone would be established on the area earmarked by the National Highways Authority