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Y V Vishweshwar Rao (Advocate )     25 May 2009

Un-authorised occupation of road space by hardware shops

No Road margin can be (illegally) occupied by any person -public property can not be used endangerign the public   

In certain cases the Municipal Authrorities will issue Permission to use the Raod margin for small  Business , Pan dabba , Cane Juice Centers , Fruit Stalls, and other purposes  - it is only where there is no danger to public and where there si no harm to public safty  and trafic - A complaint can be made to the the Mpl Authority

The same can be reported to Trafic Police to take necessary action - as free flow of Trafic   is  duty .

 



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 5 Replies

Y V Vishweshwar Rao (Advocate )     25 May 2009

No Road margin can be (illegally) occupied by any person -public property can not be used endangerign the public   

In certain cases the Municipal Authrorities will issue Permission to use the Raod margin for small  Business , Pan dabba , Cane Juice Centers , Fruit Stalls, and other purposes  - it is only where there is no danger to public and where there si no harm to public safty  and trafic - A complaint can be made to the the Mpl Authority

The same can be reported to Trafic Police to take necessary action - as free flow of Trafic   is  duty .

 

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     25 May 2009

Representations can be made to the authorities concerned for evicting the encroachments.  But the result may not be fruitful. On the intervention of the Hon'ble High Court the encroachments and pavements in the Ranganathan Street, Mambalam has been removed.  So we have to knock the doors of the authorities concerned with representation (proof for submission of representation has to be retained).  There is a GO that any grievance of general public has to be disposed off within 60 days.  If no reply is received an reminder may be sent citing the above GO.  Application under RTI can also be made to bring out the truth and also presurrise the authorities concerned to Act.  Steps may also be taken to highlight the plight due to encroachments in newspapers and news channels.  If  still no action is taken the last step is file PIL with all the representations, reminders, replies obtained through RTI, newspapers reports etc.  It is a long process and can be done with the help of residential welfare associations, consumer organizations  and like minded bodies.

 

Y V Vishweshwar Rao (Advocate )     25 May 2009

 Correction ;-

Road Margin Can Not be ( illegally ) occupied by any person - Public Property  can not be used endangering Public

Sankaranarayanan (Advocate)     25 May 2009

yes that is correct

Swami Sadashiva Brahmendra Sar (Nil)     25 May 2009

I agree with mr Rao and Perumal. I further add that a complaint under s 133 CrPC for removal of public nuisence can also be moved before magistrate

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