Vijay Verma @ Vijay Kumar and Others vs The State of Jharkhand and Others

Narendra Nath Tiwari

The grievance of the petitioners is that though they have been running their shops since long in the Khad Garha Market, by the impugned notice dated 8.11.2011, Ranchi Municipal Corporation has asked them to vacate the premises within three days. It has been submitted that the petitioners are the stall holders and they are dependant on the earnings of the said shops. The petitioners shall be put to untold hardships, if they are not given sufficient time to shift their shops elsewhere. The petitioners have prayed for quashing the said notice contained in Annexure-9 series.

The writ petition is contested by the respondents. It has been, inter alia, stated that the petitioners are encroachers upon the land of the Municipal Corporation. They have illegally put their stalls when they were removed from other places which were also encroached upon by them. The petitioners have no right to continue on the premises belonging to the Municipal Corporation. It has been submitted that the Municipal Corporation requires the land in question for constructing the houses for urban poor in order to provide shelter to such downtrodden persons in this winter season. The petitioners are illegally putting obstructions and in spite of service of notice, they have not vacated the premises in question.

I have heard learned counsel for the parties. It is an admitted fact that the petitioners are the stall holders and they have been running their stalls in the premises of Khadgarha market. It is also an admitted fact that the petitioners are not holding settlement of land/shops in question. However, since it has been submitted by learned counsel for the petitioners that the earning from the said shops are the only source of their livelihood, they deserve sympathetic/humanitarian consideration and sufficient time for searching out alternative places. The respondents, by the impugned notices have given the petitioners only three days'' time for vacating the premises, which is not reasonable.

In course of hearing, learned counsel for the petitioners submitted that Ranchi Municipal Corporation has come out with a plan to construct hundreds of small shops for allotment of the same to the small shopkeepers and the petitioners may be adjusted in the said shops.

Learned counsel for Ranchi Municipal Corporation submitted that right now he has no such instruction. However, if there is any such plan of the Municipal Corporation, the petitioners may apply before the concerned authority of the Municipal Corporation. If such application is made, the same shall be considered and appropriate order shall be passed.

Considering the above submissions, this writ petition is disposed of giving liberty to the petitioners to file application/representation before the Chief Executive Officer, Ranchi Municipal Corporation, Ranchi to that regard. If such representation is filed, the said respondent shall consider the same and pass appropriate order.

Till the petitioners'' application/representation is disposed of, they shall not be forced to vacate the shop(s)/stall(s) in question.

Since the period of the impugned notice dated 8.11.2011 has already expired, no order is required for quashing the same, as prayed for by the petitioners.