"Where Would Pedestrians Walk?" Rajasthan HC Pulls Up State Authorities For Disregarding Issue Of Rampant Street Encroachments

In a significant move, the Rajasthan High Court has taken suo moto cognisance of the rampant encroachments upon public ways and streets in the state, expressing severe displeasure over the authorities' disregard for the issue.

"..What is painstaking, is the callous approach of the State machinery, which appears to have turned a blind eye and lent a deaf ear to the rapid encroachments upon public ways across the State of Rajasthan, enabling graver consequences, such as increased traffic congestions and the consequent deterioration of the quality of life of the citizens of the State, protected by the ambit of the Article 21 of the Constitution of India," the Court said. 

The single-judge bench, presided over by Justice Sameer Jain, condemned the encroachments by hawkers and vendors, deeming them a 'public nuisance' that undermines the heritage and aesthetics of cities renowned for their historical significance. 

"..the encroachments not only strike at public nuisance, but also affect the beauty and heritage of the cities of Rajasthan, known for their rich history and self-sufficient infrastructure and mapwork," the Judge remarked.

While acknowledging the plight of impoverished vendors, the Court asserted that such encroachments cannot be permitted at the expense of public infrastructure.

"The presumable and prima facie hand-in-glove approach of the State machinery has permitted hawkers, kiosk users and street vendors to broaden their entrepreneurial scope and set-up businesses on the streets, which per se, is grossly illegal and against the goals of good governance, which the State seeks to achieve", the Court said.

"This Court is not unsympathetic to the plight of the penurious vendors/hawkers. However, encroachment upon public ways, to advance one’s own interests, at the cost of the State infrastructure set up for the use of the public at large, cannot be permitted," it added.

Highlighting the apparent complicity of State authorities, the Court criticized their failure to address the problem, resulting in increased traffic congestion and a decline in citizens' quality of life. The Bench also emphasized that encroachments not only pose a public nuisance but also tarnish the beauty and cultural heritage of Rajasthan's cities.

"If the infrastructure set up for the public is grossly misused, where would the pedestrians walk?," the Judge said. 

Asserting the State's authority to tackle public nuisance under relevant legal provisions, the Court appointed Advocate Shovit Jhajharia as amicus curiae and directed the removal of encroachments across all districts within its jurisdiction. "For providing assistance to the Court in the instant matter, Mr. Shovit Jhajharia, Advocate is appointed as amicus curaie. It is indubitably clarified that suo moto cognizance is taken for the removal of encroachments not only in the district of Jaipur, but across all the districts falling under the territorial jurisdiction of this Court," the Judge said in its order dated March 13. 

Representatives from various governmental bodies, including the Police Commissioner, Municipal Corporation Commissioner, and DCP (Traffic), appeared before the Court and assured prompt action to remove encroachments. The Court ordered them to submit an action report within 10 days, along with an affidavit detailing plans for encroachment removal in other districts.

The Judge noted, "They have assured the Court that substantial compliance of this Court’s directives as issued earlier and also today, shall be effectuated at the earliest and the matter may be kept for further consideration after a period of 10 days."

Additionally, the Court welcomed the Bar Association's initiative to enlist volunteer Advocates to assist law enforcement in the encroachment removal drive. However, it lamented the State's disregard for previous Court directives on encroachment issues, citing the Gulab Kothari v. State of Rajasthan and Ors. (2017) case.

"At this juncture, it is also noted that in pursuance to the suggestion advanced by Mr. R.N. Mathur regarding taking the aid of the members of the Bar for the assistance of the police machinery for removing the encroachments in a uniform manner, in sync with the procedure established by law, Mr. Prahlad Sharma, Chairman Bar Association has submitted before the Court a list of advocates areawise, who may be well suited for the said task, to assist/aid as volunteers in public interest. The said list is also taken as a part of the record," the Court said. 

Cause Title: Suo Moto v. State of Rajasthan and Ors. [CW/4122/2024] 

Click here to read/download the Order