M.KARPAGA VINAYAGAM, J. - (1.) Footpath Dukandar Sangh (Janta Bazar) has filed this Public Interest Litigation seeking for the direction to be issued to the respondents commanding them for construction and allocation of shops/kiosks at Doranda Bazar Market Complex, commonly known as Janta Bazar.
(2.) ACCORDING to the petitioner: - (i) The petitioner is an association of displaced Footpath Shopkeepers of Doranda. (ii) This Public Interest Litigation is being filed in representative capacity espousing the common cause of the people of Doranda. (iii) The association consist of 285 members of small venders/footpath shopkeepers, who earn their livelihood by selling small house hold articles at Doranda Bazar. (iv) Earlier the High Court, in C.W.J.C. No. 1463 of 1996(R) gave suitable direction for removal of the encroachment and also gave a direction for constituting a committee to find out open space for construction of small stalls/shops and passenger sheds at Ranchi and accordingly a proposed plan was submitted for the identified sites, which included Janta Bazar at Doranda. In the counter filed by the respondent authority, it was admitted that the proposal for construction of Janta Bazar has already been sent to the Department of Revenue and Land Reforms in the year 1998. (v) On 22.1.2002, the Revenue Department, Government of Jharkhand intimated the respondent authorities that the proposed site with respect to the Janta Bazar Market Complex has been submitted with recommendation for approval of the Government, but inspite of it said recommendation has not been implemented. (vi) The petitioner filed an interlocutory application for intervention in the Public Interest Litigation bearing W.P.(PIL) No. 737 of 2005. Ultimately, this Court by the order dated 27.8.2007 while passing orders in respect of the market at Ranchi; gave liberty to the petitioner to approach this Court by filing' a fresh application in respect of Doranda Market. Accordingly, this application has been filed. The respondent authorities, through the counter affidavit, would submit as follows: - "A fresh proposal for transfer of land pertaining to Mouza Doranda comprising an area of 1.41 acres, recorded as Kaisre Hind land for constructing market complex by Agriculture Produce Market Committee, Ranchi was sent to the Government in the year 2006. The same has been sent back to the respondents by the Revenue Department of Jharkhand. Further the Revenue and Land Reforms Department of Jharkhand has issued a direction to re -allocate the area meant for Kali Puja Samittee and Bharat Milap Samittee and directed to send a fresh proposal after necessary amendment. In compliance to the direction of Government, a revised proposal has been sent to the Revenue and Land Reforms Department. The fresh proposal has been sent to the Commissioner, South Chhotanagpur Division vide letter No. 606(2) Rev. dated 3.3.2008. Now the respondents requested the Administrator, Ranchi Municipal Corporation; the Managing Director of Agricultural Marketing Board, Ranchi; and the Managing Director, State Housing Board, Jharkhand, Ranchi to take suitable action in the light of the observations and directions of this Court in the other writ petition. In reply to the aforesaid request the Managing Director, Marketing Committee Board directed the Market Secretary, Agriculture Produce Market Committee to ensure compliance of the letter issued by the respondent. Therefore, the work for construction of the market has commenced and as such the proposal for construction is being implemented."
(3.) WE have heard the counsel for the petitioner as well as the respondents.;