High court acts tough against encroachments in Shimla
The Himachal Pradesh High Court has issued stringent directions for removal of all encroachments on roads in Shimla Municipal area, asking authorities to take action against offenders under various laws and revoke licences of shopkeepers indulging in repeated violations.
Passing the orders on a petition taken up suo motu, a division bench comprising justices Rajiv Sharma and Tarlok Singh Chauhan yesteray noted that the earlier orders passed by the court in such matters did not have desired effect on encroachers, making it imperative for the court to issue certain stringent directions.
The court directed that no shopkeeper/hawker in Shimla would be permitted to display his/their goods on drains and sides of streets, no shop will be permitted to have overhanging projections including collapsible tarpaulin, no unauthorised hawkers shall be permitted to sit outside a shop by encroaching upon the public drain or sell their goods/wares in any bazaar in municipal area of Shimla.
The Municipal Corporation shall strictly implement the provisions of relevant laws as also byelaws called "Overhanging Project Byelaws" and in case of first three violations, the fine as envisaged under the aforesaid provisions shall be levied.
But, in case of fourth default, the licence to run the shop shall be suspended for one month and in case of another default for another six months and in case there is yet another default, then his licence shall be permanently revoked, the court said.
The special magistrate and officials of the Municipal Corporation shall visit the areas in question, especially, Lower Bazar, Ram Bazar on regular basis at random at least once a week and the corporation Municipal Corporation shall suitably frame/amend its byelaws in light of the observations made in this judgement and so long the respondents do not frame the byelaws, no building or part thereof which is unauthorised shall be permitted to be regularised under any policy, guidelines or instructions, it said.