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Are not Delhi's MCD's Tay-Bazari shops illegal ?

Guest (Querist) 15 July 2010 This query is : Resolved 
The people who are just encroaching roads,creating trouble for traffic by their roadside Rehri,Dhaba,Khokha--they have been given Tay-Bazari shops on the footpaths of busy roads/market of Delhi-- ignoring the fundamental rights of the pedestrians to walk on the footpaths,ignoring that these Tay Bazar shops are jeopardizing whole traffic system,ignoring that such shops are eating the business of Legal/authorized shops which have been purchased after paying Lakhs/Crores of Rupees.
How on earth Delhi/Indian Govt. allow almost a legal status to such Tay -Bazari shops.
If some one misused public land --should he be punished or allotted another piece of land just because he was misusing that piece of land for years ?

How to get rid of all such Tay-Bazari shops legally ?
Guest (Expert) 16 July 2010
This nuisance is at every part of our country. At Delhi the scenario is very worst. Even the people occupy the road by placing their air-coolers without minding about the other road users. Recently Delhi High Court has given a verdict to remove the concrete structures around the trees so as to allow the trees to breath, whereas, there is no one to care about the fellow human beings. At Chennai also, the shop keepers occupy the roads as if it is their forefather's property :) (at most of the places, the shop is having 50% extended portion onto the platform!). The hardware shops stores their wares right royally on the roads.

PIL is the only solution to end this nuisance. But, the latest judicial trend to look-down the PILs as Publicity Interest Litigation does not allow one to gather his guts to file. For animals they have blue-cross and menaka gandhi. But, for humans ???
Surrender K Singal (Expert) 16 July 2010
Section 91 of CPC may be invoked !
Chanchal Nag Chowdhury (Expert) 17 July 2010
File a Public Interest Litigation with all proof.


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