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Judgment
Heard counsel for the parties.
The Petitioner has produced a C.D. That C.D is not exhibited today, but is only passed to the counsel for the Respondents for their observation and to see as to their inaction which resulted in catastrophe in the city. One C.D is kept with this Court for being an evidence for the position as is existing today. In future, every citizen of this city will have the right to petition this Court about the encroachment, which he considers to be illegal, with a photograph. A copy of that petition will be given to the Police, R.R.D.A and Municipal Corporation and within one week, these three official agencies will take appropriate action for removal of that encroachment. In case that is not done, then this Court will judge individual cases and saddle cost with the official agencies for their inaction and encroachers with exemplary compensation for illegally occupying a territory which do not belong to the encroachers. Such encroachment petitions will be made individually and should not be made collectively. If such petitions are made frivolously, frivolous Petitioner will also have responsibility of being saddled with exemplary cost.
A general observation is made that those who are occupying territories not belonging to them should suo motu clear the same within a week including those places in multi-storeyed buildings which are meant for parking. If this is not done, after one week each one of these authorities will remove the illegal occupation. It is also brought to the notice of this Court that a Bank is also indulging in illegal occupation of territory meant for parking. If the Bank does not clear the same suo motu, they will also be saddled with cost which may travel in huge amounts because this cannot be permitted that responsible commercial organizations will indulge into illegal occupation of spaces meant for parking. They should own their social responsibility and suo motu clear places before the next date.
Few cases of harassment to the hawkers have been brought to this Court . This Court notices that hawkers have not followed the advice given by this Court in right perspective that they were required to shift in lanes and bye-lanes. They are advised to move to lanes and bye-lanes and leave the main roads. The officials will not harass such hawkers who move from the main roads to the lanes and bye-lanes.
Put up on 11.02.2011.
Let copies of this order be given to the counsel for the parties for seeing the progress of the work.