Petitioner has approached this Court complaining about the obstruction caused to have free access to his building which adjoins the PWD road. 2. It is contended that the 4th respondent being an organisation and respondents 5 and 6 being its members, are parking mini lorries in front of the shop room and they have also constructed a shed which obstructs access to the shop room as well as the traffic.
3. Learned counsel for the Panchayat would submit that they have not given any permit to respondents 4 to 6 to park vehicles or to put up temporary shed by the side of the main road. This is supported by the learned Government Pleader also.
4. Learned counsel for party respondents 4 to 6, however, submits that they have been parking vehicles for quite a long time and the petitioner has only constructed the building recently. They do not have sufficient space to park mini lorries and their livelihood will be affected, if mini lorries are not permitted to be parked in the said area. It is also stated that though the vehicles are not parked no obstruction is caused to the access to any of the shop rooms in question. That apart, the petitioner has not -: 2 :-
started any business as well.
5. In the light of the above factual situation, it is clear that the party respondents have no legal right to park their mini lorries by the side of PWD road and in front of the shop rooms, which have been constructed for commercial activities. They have also no right to put up any structures either temporary or permanent without permission from the competent authorities, either the Panchayat or the PWD authorities. In such circumstances, the parking of vehicles isn that area is absolutely illegal and and they have to approach the competent authorities to get necessary parking place if they are legally entitled to obtain such permission.
6. Under these circumstances, there will be a direction to respondents 2 and 3 to ensure that the parking of mini lorries by respondents 4 to 6 in the area in question including the temporary shed is immediately removed. This shall be done within 15 days from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/- A.M. Shaffique, Judge.
Tds/