IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIOZRAM AND ARUNACHAL PRADESH) PIL 35/2014

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1 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIOZRAM AND ARUNACHAL PRADESH) PIL 35/ Dipak Kr. Das, son of late Lalit Mohan Das, H/N.142, Uzanbazar, SRS Road,, Guwahati Nirupam Pathak, son of late Robi Lal Pathak, Uzanbazar, Street Road, Guwahati Raju Das, son of Jaganath Das, Uzanbazar, SRS Road, Guwahati Babul Das, Uzanbazar, SRS Road, Guwahati Bimal Hazarika, Uzanbazar, SRS Road, Guwahati Pranjit Saikia, Uzanbazar, SRS Road, Guwahati Kamal Ch. Barman, Uzanbazar, Nowjan Road, Guwahati Babul Das, Uzanbazar, Nowjan Road, Guwahati Manu Bora, Son of Umakanta Bora, Uzanbazar, SRS Road, Guwahati Hemi Das, Son of late Krishna Das, Uzanbazar, SRS Road, Guwahati Pranab Hazarika, Uzanbazar, SRS Road, Guwahati Kabita Das, wife of Dipak Kr. Das, Uzanbazar, Nowjan Road, Guwahati Ms. Rubi Gogoi (Advocate), Uzanbazar, SRS Road, Guwahati Purna Sarmah, son of late Rashmal Sarmah, Uzanbazar, SRS Road, Guwahati Chiranjit Pathak, Uzanbazar, SRS Road, Guwahati Mrinal Das, Kharghuli, Guwahati Narendra Nath Roy, Kharghuli, Guwahati-1.

2 2 18. Nipon Bora, Kharghuli, Guwahati Ganesh Pathak, Kharghuli, Guwahati Kanan Das, daughter of late Nripendra Nath Das, Uzanbazar, SRS Road, Guwahati Smt. Kanu Das, Uzanbazar, SRS Road, Guwahati-1, Assam. 22. Smt. Ava Das, Uzanbazar, SRS Road, Guwahati-1, Assam. 23. Smt. Dipali Das, Uzanbazar, SRS Road, Guwahati Smt. Sangita Setri, Uzanbazar, SRS Road, Guwahati Smt. Ranjushree Kalita, Uzanbazar, SRS Road, Guwahati Dr. Tribodh Kr. Das, Uzanbazar, SRS RoadGuwahati Dipu Das, Uzanbazar, SRS Road, Guwahati Jaggannath Das, Uzanbazar, SRS Road, Guwahati Mamoni Das, wife of Jaggannath Das, Uzanbazar, SRS Road, Guwahati. 30. Bijya Hazarika, Uzanbazar, SRS Road, Guwahati Rajib Hazarika, Uzanbazar, SRS Road, Guwahati Ravi Sarma, Uzanbazar, SRS Road, Guwahati Rajib Das, Uzanbazar, SRS Road, Guwahati Dipankar Das, Uzanbazar, SRS Road, Guwahati Manish Sarma, Uzanbazar, SRS Road, Guwahati Deep Hazarika, Uzanbazar, SRS Road, Guwahati Jugesh Hazarika, Ujan Bazar, SRS Road, Guwahati Mitali Hazarika, Uzanbazar, SRS Road, Guwahati Risha Das, Uzanbazar, SRS Road, Guwahati-1.

3 3 40. Moni Hazarika, Uzanbazar, SRS Road, Guwahati Dipali Das, Uzanbazar, SRS Road, Guwahati Ripjty Hazarika, Uzanbazar, SRS Road, Guwahati Rupa Hazarika, Uzanbazar, SRS Road, Guwahati Chandana Das, Uzanbazar, SRS Road, Guwahati Ranju Hazarika, Uzanbazar, SRS Road, Guwahati Ranu Pathak, Uzanbazar, SRS Road, Guwahati Tapan Das, Uzanbazar, SRS Road, Guwahati Santanu Hazarika, Uzanbazar, SRS Road, Guwahati Rupa Das, Uzanbazar, SRS Road, Guwahati Anjali Das, Uzanbazar, SRS Road, Guwahati Rupjyoti Das, Uzanbazar, SRS Road, Guwahati Dikshita Das, Uzanbazar, SRS Road, Guwahati Amnan Ali, Uzanbazar, Moria Patty, Guwahati Nasib Nabaj, Uzanbazar, Moria Patty, Guwahati Latika Hazarika, Uzanbazar, Nowjan Road, Guwahati Monmi Das, daughter of late Bhaben Das, Uzanbazar, Nowjan Road, Guwahati-1, Assam. 57. Jugal Hazarika, Uzanbazar, Nowjan Road, Guwahati Binoy Ranjan Sarma, Uzanbazar, Nowjan Road, Guwahati Raja Das, Uzanbazar, Nowjan Road, Guwahati Haren Deka, Uzanbazar, Nowjan Road, Guwahati Binita Choudhuri, Uzanbazar, Nowjan Road, Guwahati-1.

4 4 62. Lov Hazarika, Uzanbazar, Nowjan Road, Guwahati Pradip Kumar Das, son of late Basanta Kumar Das, Uzanbazar, SRS Road, Guwahati-1. Versus Petitioner. 1. State of Assam represented by the Commissioner and Secretary, Guwahati Development department.. 2. The Guwahati Municipal Corporation, represented by the Commissioner. 3. The Commissioner, Municipal Administration department. 4. The Commissioner, Guwahati Municipal Corporation. 5. The Mayor, Guwahati Municipal Corporation. 6. The Police Commissioner, Guwahati. Respondent. For the petitioners For the respondents : Mr. R. C. Das, Mr. B. Sarma, Mr. S.C. Das, Mr. P. Buragohain, Advocate. : Mr. D. Saikia, Sr. Advocate, Ms. B. Goyal, Govt. Advocate, Mr. S. Bora, SC, GMC Dates of hearing and judgment:

5 5 P R E S E N T HON BLE THE CHIEF JUSTICE (ACTING) MR. K. SREEDHAR RAO HON BLE MR. JUSTICE P.K. SAIKIA JUDGEMENT-AND-ORDER Sri K. Sreedhar Rao, Chief Justice(Acting) The petition concerns with providing car-parking space in the busy market localities in Guwahati. The counsel for the petitioner has proposed the following suggestions. (i) Construction of a car-parking lot in the Panbazar area. (ii) The old Guwahati Jail premises be earmarked for a car-parking space. (iii) Under the Athgaon flyover a car-parking space be provided. (iv) On A.T. Road a car-parking space be provided. (v) A car-parking space on the road from Guwahati Club to Chandmari and Noonmati to Birkuchi be provided. (vi) Shifting of the GMC office to some other place.

6 6 (vii) A car-parking space in the Uzanbazar area by shifting the bazaar to some other place. 2) In respect of the first suggestion the govt. advocate submits that the government is working on it and the construction is in progress. 3) In respect of the second suggestion the govt. advocate submits that the government has taken action and has earmarked the old Guwahati Jail premises for a car-parking space. 4) In respect of the third suggestion the govt. advocate submits that the suggestion offered would be considered. 5) In respect of the fourth suggestion the govt. advocate submits that consultations would be made with the traffic police to find out feasibility of providing a car-parking space on AT Road. 6) In respect of the fifth suggestion the govt. advocate submits that this suggestion is impractical and no immediate solution is possible.

7 7 7) In respect of the sixth suggestion the govt. advocate submits that the GMC office is centrally located and it is for the convenience of the general public therefore the suggestion to shift the GMC office is not practical and possible. 8) In respect of the seventh suggestion it is submitted that the suggestion is impractical. Uzanbazar is a market place. The road is small. The market cannot be shifted. 9) We find the following legal question cropping up for consideration. Whether the car owners can insist legally for providing them sufficient car-parking space in all the market places in Guwahati. 10) On deep consideration we find that there is no legal right for the car owners to insist sufficient car-parking space in all places in Guwahati. After all Guwahati is a growing city. The car population is also rapidly growing on account of the boost given to the automobile industry and liberal loan lending by the banks. Owning a private car for transportation is indeed a luxury. There is no legal duty or responsibility on the part of the state authorities to provide parking space for private cars in all places. It is understandable that some areas should be provided but there is no

8 8 corresponding right on the owners of private cars to insist car parking space in all places to the detriment of the general public. The private car owners cannot invoke Article 21 of the Constitution of India. If there is no parking space in the locality the private car owner should have facility of a chauffeur for their transportation to the locality for a drop and pick up. The public offices like Guwahati Municipal Corporation and the market places like Uzanbazar are located since several years for the convenience of the public. Just for the benefit of a few private car owners it is impermissible to give any direction for shifting of the GMC office and the Uzanbazar market. 11) In view of the above observations the writ petition is disposed of. JUDGE CHIEFJUSTICE(ACTING) na/

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