RAVI S.DHAVAN, J. - (1.) This is a strange case of a local body, the Town Area Committee, Naraini, Banda, filing a writ petition before the High Court challenging the order, in effect, of the State of Uttar Pradesh, when it was asked not to construct shops on the roadside as it is against the law. The Town Area Committee instead of cleaning up the road so that it is available without obstruction for the purpose for which it is laid, that is, for passage or highway traffic saw arrangements to block and construct the Naraini Uttara Marg, by constructing temporary kiosks, Gumtis and shops. Not only this, thereafter, the Town Area Committee proceeded to make the constructions permanent.
(2.) This met with resistance from the Superintendent of Police, Banda, who tried to persuade the Town Area Committee that the constructions are on the side of the road and this would affect (a) the passage, (b) the Police Station behind it and (c) a Fire Brigade Station. The Town Area Committee would hear none of the objections from the local administration and took up a defence that it had obtained the sanction of the Collector, Banda, to construct the shops. In the counter affidavit which has been filed by the State of Uttar Pradesh on behalf of the Superintendent of Police, Banda, the latter has even gone to the extent of submitting that the Collector, Banda, did not have power to sanction the unauthorised construction of shops on nazul land and on the roadside.
(3.) The Court has heard counsel for the petitioner, learned Standing Counsel and examined the record of the writ petition, which has been replied by a counter affidavit, but not controverted by a rejoinder affidavit from the Town Area Committee.;