- (1.) Messrs Sarju Pandey, Vinod Kumar, Radha Kishan, Navin, Shyam, Hukum Chand, Dhan Singh Thakur, Bachan Singh, Om Prakash, Mukesh alias Chhoti, Asha Ram, Thakur, Vimal Kishore, Rekha Devi, Kailash Ram and Ram Nath, the 16 petitioners from Haridwar, have filed the present writ petition, in effect, with two reliefs (i) in effect though not stated, that the eviction of the petitioners from the occupation of public passage way near Laltaro Bridge in Haridwar, be stayed, and (ii) the three respondents, the Secretary, Local Self Government, Vidhan Bhawan, Lucknow, the Executive Officer, Nagar Palika, Parisha, Haridwar, and the Administrator, Nagar Palika, Parisha, and/or District Magistrate, Haridwar, be directed to construct permanent shops so that as soon as the petitioners vacate the premises they occupy in lieu of the Tahbazari they pay, they can be rehabilitated in these permanent shops which the respondents will, hereafter under the directions of the Court, construct.
(2.) This Court is afraid that no writ can be lent to the petitioner for the reliefs they seek.
(3.) Consistently, the law has been laid down that roads are basically for passage and no construction may come on it, no matter whether it is a library, a piao or even a statue of Mahatma Gandhi, AIR 1965 SC 1147, The Municipal Board, Manglaur v. Mahadeoji Maharaj. Again the Supreme Court has laid down in no uncertain terms that the principle of life and liberty, in effect a claim under Art. 21, cannot be., had by any person to obstruct a public road. Thus, repelling the contention of the petitioner, largely hawkers, in the matters before the Supreme Court In re : Olga Tellis and the Bombay Hawkers Union cases, AIR 1986 SC 180 Olga Tellis v. Bombay Municipal Corporation and AIR 1985 SC 1206, The Bombay Hawkers Union v. Bombay Municipal Corporation.;