Kerala High Court Directs Removal Of Encroachment On Road Margins Near National Highway, Says Notice Not Required
Case: Ananthapuri Hospitals & Research Institute v Corporation of Thiruvananthapuram
Coram: JusticeBECHU KURIAN THOMAS
Case No.: WP(C) NO. 8177 OF 2023
Court Observation: “…even summary eviction of encroachment from public streets or footpaths can be resorted to and notice itself is not necessary when the Secretary is satisfied that ‘encroachment causes obstruction or hindrance or inconvenience to traffic and users of the street’. There is no reason to assume that encroachment on the foot- ways and the area in front of the petitioner hospital is not causing obstruction, hindrance or inconvenience to traffic, including for ambulances and other users of the street. Therefore, encroachments can be removed even without any such notice in the instant case,”
“The Act does not give any right of street vending on a National Highway nor can any person use any part of a National Highway for street vending.”
“The illegal occupation of road margins is even more evil when the occupation is in front of a hospital. The vice of such occupation has its tentacles rooted in several anti-social activities as well. Therefore, it is essential that the Corporation, the Police as well as the District Administration and even the National Highway Authorities act in unison to remove such encroachers and prevent a repetition of such offending acts.”
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Kerala High Court Directs Removal Of Encroachment On Road Margins
