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24.12.10

HC bans hotels under rly stn flyover

The Nagpur bench of the Bombay high court on Thursday observed that the railway station flyover map was never approved by the planning/competent authority and the Nagpur Municipal Corporation authorities never studied the increase in traffic owing to shops below it.

The court also sounded a death knell for hotels below the flyover by directing the NMC not to allow them to operate. No gas cylinders, ovens, furnaces, stoves and kerosene should be used there too, it has ruled. The officials have been instructed to seize and forfeit them while imposing the heavy fine on the shopkeepers.

A division bench comprising justices Vijay Daga and Arun Chaudhari blasted the corporation for making "doleful" promises by stating that they had constructed a seven-lane road. The judges warned that NMC officials are liable to be prosecuted under contempt of court for failure to remove encroachments from the area between Jaistambh and Manas square.

In a series of directions, the court clamped restrictions on NMC and shopkeepers below the flyover warning them to keep the road free from encroachments. The directions came while hearing a suo motu petition on a media report pointing out to the filth below the flyover due to encroachments after which GC Singh was appointed as amicus curiae.

The bench asked NMC to issue notices to all shops not to occupy corridors/footpaths in front or display placards or goods outside. Cement poles or barricades should be erected on the footpath to prevent parking opposite shops while the NMC will collect garbage thrice a day.

The sanitary inspector and health officer of ward no 10 were told to take repeated rounds with flying squads to prevent encroachment and report to additional municipal commissioner who will take steps in a week if encroachers come back. The commissioner was also directed to terminate shopkeepers' licenses.

The sanitary inspector and health officer have been asked to ensure complete cleanliness and hygiene. The NMC has been asked to maintain pot-free roads with proper drainage so that water should not get accumulated below the flyover. It was also told to make parking free for those visiting the railway station or shops while declaring the area between Jaistambh and Manas square as "no-hawking zone". The bench told civic body to explore possibility of shifting the octroi booth.

Even the police commissioner has been instructed to declare the area as no-parking zone while deploying a lady constable for regulating parking and traffic. He has been asked to deploy staff round the clock to maintain law and order.

The court asked the railway authorities to take steps for developing its yard, especially the eastern gate on Cotton market side, for parking with a view to ease traffic congestion.
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