V.M.SAHAI,J. - (1.) WE have heard Sri V.P.Varshney, learned counsel for the petitioner and learned standing counsel appearing for the respondents and perused the record.
(2.) THE petitioner has approached this court seeking a writ of mandamus commanding the respondents to allow the petitioner to re-construct his shop on main Grand Trunk Road passing through Allahabad city. This shop was demolished in anti encroachment drive carried out on G.T. Road in Allahabad. It emerges from the record that the House no. 3 Ka/1, Karbala, Allahabad is registered as a residential house in the municipal records. The map/plan of the said accommodation was sanctioned as a residential house not for commercial purposes like constructing a shop therein. It has further born out from the record that no shop was permitted to be constructed by the appropriate authorities in the residential house. It has been indicated in the counter affidavit that the house tax was assessed for a residential house and not for the shop. The petitioner was running his business from the shop which was illegally constructed encroaching upon the main Grand Trunk Road. The appropriate authorities of Public Works Department, not of Allahabad Nagar Nigam, in anti encroachment drive, had demolished the aforesaid shop. Even under section 3 of the U.P. State Roadside Land Control Act, no body is permitted to raise any construction up to 220 feet from the centre line of the road on either side. No encroachment is permitted under the relevant law on the highways, pavements, footpaths or on the boundary of the road and khadanja. Admittedly, the petitioner's alleged shop, an illegal encroachment, on the high way as per the version of the respondents in the counter affidavit, has already been demolished by the respondents. The petitioner has tried to get the status quo ante restored by filing this writ petition to allow the petitioner to re-construct his shop on the same site i.e. Grand Trunk Road. Such a writ can only be issued when the petitioner establishes that he has a legal right to raise construction of a shop on the National High Way i.e. Grand Trunk Road passing through the busy city of Allahabad. None of the elements, for issuance of a writ of mandamus, is present in this petition. Accordingly no direction can be issued to the petitioner to re-construct his shop on the main Grand Trunk Road in violation of law, therefore, the writ petition is liable to be dismissed.
(3.) WE have taken note of the fact that large scale encroachments have been made on the National Highways and the State High Ways of Uttar Pradesh. The main High Ways passing through towns, cities and villages have been encroached by people by putting stalls (gumti, khokha) and kiosks. Temporary structures have been raised. The markets are held just close to busy highways causing obstruction. For example the High Way connecting Lucknow to Allahabad (205 kms.) has been encroached upon by the shop keepers etc. at more than 40 places. Most part of the road looks like an extended market, bazar. Road users/drivers have to negotiate these points wasting 5 to 10 minutes at each place while performing road journey from Allahabad to Lucknow. Allahabad Varanasi high way has also become a difficult zone to traverse. It is harassing for a driver to negotiate this small distance. Uttar Pradesh is the second largest State having poor roads. It appears that no action is being taken by the concerned authorities of Public Works Department, Nagar Palikas, Nagar Nigams and Regional National Highways Authority of India to keep the highways encroachment free.;