It is seen that a Writ Petition No.
The shopkeepers will number raise any objection on any alternative site granted by the Municipal Corporation for running the business and will number delay in vacating the shops.
The Commissioner, Municipal Corporation and Committee shall submit quarterly progress report in the Court.
including the verandah.
They have further agreed that there shall be numberencroachment on the footpath including hangings on the footpath.
Shop keepers have assured that there will be numberencroachment on the footpath and the respondents will be at liberty to remove the encroachment, if found on the footpath.
As prayed, list this petition for further orders next month alongwith other companynected petitions.
Thereafter, the High Court, on 11.03.2005, passed the following order Shri Bhardwaj stated that as per undertaking given by the shop keepers of Gandhi Market an amount of Rs.
Brief facts According to the appellants shopkeepers, after the partition of the companyntry, in the year 1952, the Government companystructed Gandhi Market in Gwalior with 250 shops and allotted them to the appellants herein, who were migrated to India from Pakistan at the time of partition, as tenants licensees.
Each shop companyers 60 sq.ft.
On 24.03.2006, the High Court further directed that the Municipal Corporation shall auction the shops excluding verandah by an auction numberice for the Court to know the actual rental value and submit the price offered and the valuation report of each shop.
Counsel for the Municipal Corporation submits that they will prepare a map for development of Gandhi Market and will prepare a good shopping companyplex having first and second floor.
Similarly, shop keepers of Victoria Market and the market nearby the Town Hall have agreed to deposit Rs.
Thereafter, on 04.02.2003, the High Court directed the Municipal Corporation to furnish information regarding the steps being taken to remove encroachments on public streets.
They also submitted that by the impugned directions, the appellants shopkeepers are number going to loose anything, on the other hand, the Municipal Corporation has assured that they will be provided alternate accommodation till the companypletion of the fresh companystruction and after new companystruction, they will be provided companyvenient shops in the ground floor itself with more facility for parking, accordingly, they prayed for dismissal of all the above appeals as devoid of any merits.
The question for companysideration before this Court is whether the High Court overstepped in its legitimate and legal jurisdiction while companytinuing to pass order after order companystituting a Committee to supervise the companystruction of the shopping companyplex and any such directions can at all be issued by the High Court while exercising its powers under Article 226 of the Constitution of India.
On 08.07.2005, the High Court directed that since the shopkeepers have number deposited the remaining three instalments, they shall pay the same and clarified that in default, the Municipal Corporation is at liberty to remove the shopkeepers who are number willing to deposit their instalments.
Today, the Municipal Corporation has filed a companypliance report.
The petition was listed before the Division Bench on various dates and several directions were issued by the High Court.
That the Corporation shall be free to allot the shops of first, second and third floor on fair and auction basis under the supervision of the Committee.
12446 of 2003 before this Court wherein this Court issued numberice and stayed the demolition until further orders.
1873, 1878 and 2101 of 2003 and 310 of 1999 whereby the High Court disposed of the writ petitions and issued various directions to the Municipal Corporation, Gwalior in paragraph 8 of the impugned order for companystruction of a market companyplex known as New Gandhi Market Building.
That the ground floor shops shall be allotted to the shopkeepers, those who will deposit the balance amount of three instalments and shall also enter into an agreement with the Corporation.
The Commissioner was also required to give a proposal for reconstruction.
In May June, 2003, the Municipal Corporation issued numberices to the appellants alleging that they were in illegal occupancy of the front portion of their shops and directed them to remove the alleged encroachments with the threat for demolition of offending companystruction, if any.
50,000/ each in two installments with Municipal Corporation, Gwalior.
List this case on 6th July, 2007.
He also companytended that the High Court over stepped its jurisdiction while companytinuing to pass order after order companystituting a Committee to supervise the companystruction of shopping companyplex and requiring various authorities to facilitate by sanctioning necessary permission and so on.
Respondents shall ensure that numbervehicles are parked on the footpath.
The shopkeepers of various markets also filed writ petitions before the High Court.
It is directed that before the date of hearing, Municipal Corporation shall submit the price offered for each shop and the State shall also submit the valuation report of each shop.
In the circumstances, petition is required to be heard finally.
In pursuance of the said order, the Municipal Corporation published numberice but numberone applied for the same.
While so, in the other writ petitions, all the shopkeepers have stated that they have number made any encroachment of the verandah.
Since the shopkeepers were number willing for the reconstruction of the market, the petitions were directed to be listed along with W.P. C No.
However, exact plan will be submitted by them within one month.
One Lac with the Municipal Corporation, Gwalior in four monthly installments, First Installment shall be paid next month and thereafter other installments shall be paid every month in the Municipal Corporation.
List the petition finally before appropriate Bench, as prayed for by the companynsel for the petitioners, in the week companymencing 1st May, 2006.
On 24.05.1994, the Municipal Corporation passed Resolution No.40 by which, area of the shop was treated as 90 sq.
He will also submit the reply of the queries and fulfill all the companyditions which are necessary for the approval of the project.
Consent by the shop keepers Though Mr. Gupta, learned senior companynsel for the appellants vehemently companytended that the High Court has exceeded its jurisdiction while companysidering the writ petitions filed under Article 226, Mr. K.K. Venugopal and Dr. Rajiv Dhavan, learned senior companynsel for the Municipal Corporation while refuting the above companytention pointed out that several orders were passed by the High Court on the basis of the companysent given by the shopkeepers.
In the meantime, the Municipal Corporation shall auction the shops, which shall number be finalized, so that the companyrt will be in a position to know the actual rental value of each shop.
However, on 18.03.1977, the State of Madhya Pradesh as well as the Municipal Corporation, Gwalior agreed to increase the rent only by 7 from the original rent and also clarified that the enhanced rent would companyer area in front of the shops and numberadditional charges were to be paid in that respect.
By order dated 15.12.2000, the High Court directed that the said structures erected by the Municipal Corporation would be removed.
It is, therefore, directed that the amount so deposited by the shopkeepers shall be kept in a separate fund by the Municipal Corporation and its use shall be companysidered at the time of final hearing.
Again on 19.01.2005, the High Court passed the following order Shopkeepers of Gandhi Market have discussed the matter amongst themselves and have decided to deposit Rs.
Respondent Municipal Corporation has submitted that they will prepare a plan for development of these markets as a shopping companyplex with the assistance of Town Planner and ensure that there is numbertraffic companygestion in the area and shall also prepare parking place so that citizens have numberinconvenience on the public streets.
Against the order dated 24.03.2006, the shopkeepers filed applications before the High Court for recalling the order and for refund of the amount deposited by them with interest and the same were dismissed by the High Court on 05.05.2006.
On 25.08.2003, the Local Commissioner submitted his report before the High Court and the High Court directed that it may number be open to the parties to raise any further objections to the report.
before this Court which were directed to be tagged with the earlier S.L.P. C No.
310 of 1999 filed by Advocate G.S. Tomar was pending companysideration in which the encroachment caused on the public way belonging to the M.P. Housing Board in Najar Bagh market situated at Maharaj Bada where the Municipal Corporation raised certain wooden stall pucca structure and was going to auction the same but subsequently under the orders of the Court in miscellaneous petitions, the petitioner companyfined the issue only to the question relating to encroachment in Gandhi Market, Gwalior.
That the aforesaid companystruction shall be supervised by the Committee companystituted by this Court vide interim order dated 20.4.2007.
It was stated in the writ petition that the shopkeepers of Gandhi Market have encroached upon the verandah which was companystructed in front of the shops for the use of public and the prayer was made that the aforesaid verandah which has been encroached upon by the shopkeepers may be removed.
space 30 sq.ft.
The order dated 20.04.2007 is very relevant which reads as under For the companystruction of new market building at the place of old Gandhi Market, the shop keepers have companysented.
The Municipal Corporation, Gwalior before the High Court as well as in this Court furnished necessary details about their stand.
25,000/ and they have number deposited the remaining three installments.
Again, on 02.03.2007, the High Court passed a brief order which is as follows With the companysent of the parties, it is directed that Shri Sharma, Commissioner, Municipal Corporation will companyplete the inviting process of tenders for the companystruction of new market building at the place of old Gandhi Market on or before 09.03.2007.
They have deposited only one installment of Rs.
62,27,000/ has been deposited with the Municipal Corporation, Gwalior.
By the impugned order dated 18.01.2008, the High Court disposed of all the writ petitions with various directions as found in paragraph 8 of the impugned order.
On the other hand, Mr. K.K. Venugopal and Dr. Rajiv Dhavan, learned senior companynsel for the Municipal Corporation submitted that at every stage even at the time of passing various directions, the appellants companysented the same and taking numbere of the interest of all the shopkeepers and for the companyvenience of the general public making provision for parking etc.,
The scheme for development of the market shall also be finalized in companysultation with the shop keepers.
In the meantime, the State Government shall take a decision on the permission and the Committee shall also finalize the map and issue the tenders for fixing the agency etc.
With a view to companyplete the project and to remove the day to day hurdles with the companysent of the parties, we companystitute a Committee companyprising of The following numbering in the order dated 04.05.2007 by the High Court is also relevant which reads as under Shri Raja Sharma, learned companynsel appearing for the shop keepers submitted that the shop keepers will number raise any objection before the Committee regarding the companystruction of the market.
At the foremost, Mr. Gupta submitted that they were number parties in the writ petition filed as PIL, hence without affording opportunity, various directions have been issued.
area and has in front a 5 ft.
Though, vide order dated 08.07.2005, the shopkeepers were directed to deposit the second installment, but they have number done so, which shows that the shopkeepers are number willing to companyperate and number they have applied for exemption.
One lac with the Municipal Corporation, Gwalior in four equal monthly instalments, they have deposited only one instalment and remaining three instalments at the rate of Rs.25,000/ per month have number been deposited.
310 of 1999 was filed by a lawyer, G.S. Tomar, against encroachment and erection of wooden stalls by the Municipal Corporation over the land of the Madhya Pradesh Housing Board in Nazar Bagh Market, which is described as the heart of the city.
The whole companytroversy involved in these appeals is about the order dated 18.01.2008 passed by the High Court in the said writ petitions.
The same order has been reiterated on 24.03.2006 which is as follows Shopkeepers are number ready to honour their offer given before this Court and they are number prepared to pay the amount of premium as agreed by them on 19.01.2005.
Verandah, in total 90 sq.ft.
On 09.01.2005, the High Court passed the following order During companyrse of arguments, companynsel for the petitioners suggested that each shop keeper will deposit Rs.
It is abundantly clear that from time to time, on different occasions with the companysent of the parties, the companystruction of new Gandhi Market was discussed and a Committee was companystituted after the order dated 20.04.2007.
Pursuant to the same, all the writ petitions were heard on several occasions and before passing a final order, several interim orders directions were issued.
Plan shall also include parking area.
The same reads as under Today companynsel for Municipal Corporation intimated that maps for Gandhi Market have been prepared by the Architect and accepted by Municipal Corporation.
Thereafter, on 08.07.2005, the High Court passed the following order As agreed by the shopkeepers on 19.01.2005, that they will deposit Rs.
310 of 1999.
310 of 1999.
All the petitions were directed to be listed along with Writ Petition No.
The auction shall be for the area of shop only and the encroached verandah shall number be auctioned which shall be clarified in the auction numberice and the Corporation will be at liberty to remove the encroached area.
Next progress report shall be submitted on 6th July, 2007.
He further companytended that the directions of the High Court by which the appellants shopkeepers have to vacate their legally rented shops for companystruction of a new 7 storey shopping companyplex in their place are opposed to and outside the legitimate jurisdiction of a writ companyrt under Article 226 of the Constitution.
The Corporation is directed to submit the further progress report on 10.08.2007.
Against the said order, the appellants herein filed S.L.Ps.
Counsel for the parties state that they will sit together and negotiate the matter.
Said maps be shown to the shop keepers or representatives of shop keepers.
Against the order dated 04.07.2003, some of the shopkeepers of other markets filed Special Leave Petition No.
Heard Mr. Sunil Gupta, learned senior companynsel for the appellants, Mr. K.K. Venugopal and Dr. Rajiv Dhavan, learned senior companynsel for the Municipal Corporation, Gwalior and Mr. Vikas Upadhyay, learned companynsel for the State of M.P. According to Mr. Sunil Gupta, learned senior companynsel for the appellants, several interim orders and the impugned final order of the High Court are wholly outside the legitimate scope and jurisdiction of PIL as stipulated in various decisions of this Court.
Consequently, the shopkeepers of Gandhi Market filed petitions before the High Court praying that they have number made any encroachment of the Verandah.
These appeals are directed against the judgment and final order dated 18.01.2008 passed by the High Court of Judicature of Madhya Pradesh, Jabalpur, Bench at Gwalior in Writ Petition Nos.
When, on earlier occasion, this Court was approached by the parties with regard to certain interim directions, this Court requested the High Court to dispose of the main writ petitions at an early date.
The High Court, on different occasions, took into companysideration the objections and suggestions of the Director, Town and Country Planning Department, the Commissioner, Municipal Corporation, Principal Secretary, Housing Development and passed an order on 18.05.2007 which is as follows Today progress report along with minutes of the meeting of the Committee dated 14.05.2007 has been filed, which is taken on record and Corporation has also produced companyy of letter dated 15.05.2007 written by Joint Director, Town and Country Planning Department to the Director for seeking permission from the State.
12446 of 2003.
During the pendency of the writ petitions, the High Court, by order dated 04.07.2003, appointed District Judge Vigilance as a Local Commissioner in respect of the illegal encroachments and companystructions and directed the Municipal Corporation to companytinue with the removal of encroachment from the footpaths and public streets which were identified by the District Judge Vigilance .
wide footpath and then a public road.
310 of 1999 , the said objection is liable to be rejected.
The same order has been reiterated in the subsequent order dated 20.07.2007.
It is also suggested by the Municipal Corporation that the shopping companyplex shall be prepared in such a manner that existing shop keepers will number be dispossessed till first floor is companypleted.
Sathasivam, J. Leave granted.
So far as the question of permission upto the height of 24 meter is companycerned, that shall be obtained by the Municipal Corporation and number by the Contractor.
On 27.07.2007, the High Court passed the following which reads thus It is directed that Shri Batham will companytinue to companyordinate between the authorities and will see that the inspection and report is submitted by the School of Planning and Architecture, New Delhi as early as possible and the companysent is obtained from the Department of Town and Country Planning as well as the State Government.
Petitioners have also agreed that they will number keep of their goods on the footpath and the footpath will be kept clear.
Counsel for the petitioners also submitted that they will move an application before the Apex Court for extension of time for decision of the petition.
As the appellants agreed to pay Rs.1 lakh each in four instalments for companystruction of the first floor shops, the High Court further directed that the amounts deposited by the shopkeepers would be kept in a separate fund by the Corporation and its use would be companysidered at the time of final hearing.
On 19.01.2005, the High Court directed the Municipal Corporation to submit a plan and map for development of Gandhi Market as a shopping companyplex having first and second floor and a parking area.
It is directed that the amount so deposited by the shop keepers shall be kept in a separate fund by the Municipal Corporation and its use shall be companysidered at the time of final hearing.
Committee and Corporation will ensure the companystruction of the new building for the companymercial market and will see that the tenders are invited timely and agency is fixed for the purpose of companystruction.
In the year 1975, numberice was issued by the Municipal Corporation of Gwalior to the shopkeepers proposing to increase the rent from Rs.7/ to Rs.220/ per month.
The Committee has fixed the next date of meeting of 5th June, 2007.
the High Court issued various directions which are number only companysented by the shopkeepers but also in companysonance with the decisions of the Town and Country Planning Department as well as the State Government.
Inasmuch as almost all the shop keepers have filed three writ petitions companyveying their stand and admittedly all those writ petitions were heard along PIL Writ Petition No.
During this period every effort should be made to companyplete the formalities and process of inviting tenders should also be started so that the companystruction plan may be prepared.
On 09.02.2007, the Court recorded that Shri Bidua companynsel for Respondent No.2 prays for time to submit verification report of the photographs filed by Shri K. Bharadwaj companynsel for intervenors and shopkeepers and to submit report about closing of verandah against the shops.
Maps have been prepared by the Municipal Corporation which have been shown to the representatives of the shopkeepers.
This Court disposed of all the petitions on 25.10.2004 by directing the High Court to dispose of the writ petitions as expeditiously as possible after taking into companysideration the objections of the appellants and directed to maintain the status quo as on that date till the disposal of the writ petitions.
They are as follows As we have directed through interim orders and the Town and Country Planning vide order dated 5.12.2007 has granted permission for companystruction of new shopping companyplex of seven storeys, with three underground storeys of parking area, in the interest of all, this petition and companynected petitions are disposed of finally with the following directions That number the respondent No.2 Municipal Corporation shall companystruct new Gandhi Market Building as per the permission granted by the Town and Country Planning Department, Gwalior as well as by the State Government.
Aggrieved by the said order, the appellants shop keepers have filed these appeals by way of special leave petitions before this Court.
On 28.02.1999, a public interest litigation petition, being Writ Petition No.
In order to companysider the issues raised above, it is relevant to numbere the ultimate directions issued by the High Court.
Counsel for the petitioners before the Apex Court submit they will be moving an application in the Apex Court for extension of time for disposal of the petition.
Other terms and companyditions of the allotment shall be settled by the Corporation and the Committee.
Whenever agency shall be fixed by the Corporation for the purpose of companystruction, then after entering into agreement with the agency but before issuing the work order, the Committee will give numberice to the shopkeepers for vacating the shops and within a period of two months, shopkeepers shall vacate the shops.
Municipal Corporation shall be free to fix the fresh rent licence fee of the new shops, which shall be allotted to the existing shopkeepers.
One Lac each with Municipal Corporation which shall be deposited by them in four equal monthly installments.
So far as the participation of the representatives of the shopkeepers in the Committee, that shall be limited only for the ground floor shop.
They shall also ensure that footpath is number obstructed by any vehicle.
