The Municipal Corporation's restriction on vehicle access was justified for traffic management, and petitioners must pursue statutory remedies for encroachments rather than writ petitions.

ORDER :

1. Heard finally with the consent of the parties.

2. This petition has been filed by the Petitioners (33 in numbers), who have their shops in the building One Centre, opposite 56 shops (hereinafter referred to as 56 Dukan as they are popularly known), Indore, under Article 226 of the Constitution of India, seeking the following reliefs:-

“In view of the facts mentioned above, the petitioners pray for the following relief(s):-

a. A writ in the nature of mandamus or any other appropriate order, writ or direction be issued for directing the respondents for opening the 30 meter wide access available to the aforesaid building from MG Road and for removal of the encroachment made by the respondents 3 to 5 on the parking space/MOS of the aforesaid building.

b. A writ in the nature of mandamus or any other appropriate order, writ or direction be issued for directing the respondents for opening the 100 feet wide Master Plan Road (Ramnarayan Shastri Marg) by removing all the obstructions as also for construction of the aforesaid road as a 100 feet wide road in accordance with the Indore Development Plan.

c. Costs of the petition be awarded to the petitioners from the respondents.

d. Any other relief which this Hon'ble Court may deem fit in the facts of the present case be granted in favour of the petitioners.”

3. The grievance of the petitioners is that the respondents including the State Government, as also the Municipal Corporation, Indore, have restrained the petitioners from free access to their shops from M.G. road, Indore, by erecting steel pillars, and also by encroaching upon the parking space/MOS of the aforesaid building.

4. In brief, the facts of the case are that the petitioners are the owners of their respective shops in the building by the name of One Centre, opposite 56 Dukan, Indore. The site plan of the said building was approved by the Municipal Corporation way back in the year 1995 and was also subsequently modified. According to the petitioner, the Indore Development Master Plan shows 30 m (100 ft.) wide road towards the western side of One Centre. On 13.04.1999, a notice was issued by the respondent No.4 to the builder of One Centre, disputing the sanctioned map. It is further the case of the petitioner that on 11.04.2000, the respondent No.4 Municipal Corporation also issued a notice to the builder for modification of the sanctioned map, prohibiting use of road towards the 56 Dukan for accessing shops facing 56 Dukan. The aforesaid notice was challenged in W.P. No.919/2000, which was allowed vide order dated 26.04.2001, quashing the notice dated 13.04.1999.

5. The order passed by this Court on 26.04.2001 was also challenged by the respondent No.4 before the Division Bench of this Court by filing LPA No.297/2001, but it was dismissed on 22.11.2004, and the Civil Appeal No.5031/2005 was also dismissed by the Supreme Court on 24.02.2010.

6. The contention of the petitioners is that in the judgement dated 24.02.2010, the Supreme Court has also recorded a finding to the effect that the front access to the aforesaid building is from MG Road, Indore. It is further the case of the petitioners that occupancy certificate was also issued after completion of the building, and the petitioners, after purchasing the shops in the aforesaid building, have also started their respective businesses, however, the respondent Nos.3, 4 and 5 have obstructed the main entrance of the building from MG Road, by constructing shops on the open space/MOS parking in the premises of the aforesaid building, which are being used by the respondent No.4 for running flower shop, pan shop, feeding center and public toilet etc., blocking the main entrance of the building. Thus, the petitioners’ grievance is that the encroachments have been made by the respondent Nos.3 to 5 on the MOS of their building, and the said respondents have also mounted barriers/blockades at the exit gate of the building, hence the entry and exit of the vehicle in and out of the bui