In a recent development, the Madurai Bench of the Madras High Court has directed the State to formulate guidelines for granting licenses to shops on road margins. This decision comes in response to the growing concern of shops being set up on road margins, causing inconvenience to pedestrians and leading to accidents.
Justice B. Pugalendhi, while hearing a petition filed by Chinnamasanam of Virudhunagar district, who had established a kiosk on the road margin to sell Aavin products, issued a set of directions to the Secretaries to Highways and Municipal Administration and Water Supply Departments. These directions include constituting a committee to identify the number of such shops permitted across the State, ensuring compliance with relevant Acts and Rules on granting licenses, and prioritizing the convenience of the public.
The Secretaries are further instructed to frame guidelines for granting licenses in accordance with the Tamil Nadu Highways Act and the Tamil Nadu District Municipalities Act. The court emphasized that pathways or sidewalks on road margins or streets should not be occupied or encroached upon for any other purpose, as they are meant for the use of pedestrians. The Supreme Court has repeatedly reaffirmed that footpaths or pavements are public properties and their use for private purposes undermines their purpose.
The court highlighted that certain officers have granted permissions to put up shops on road margins, causing pedestrians to walk on the roads. This not only inconveniences the public but also poses a risk of accidents. The issue of roadside shops causing difficulties for the public is prevalent throughout the State, including in cities like Madurai.
One of the key concerns highlighted by the court is the lack of guidelines for permitting such shops on road margins and pavements. Permissions, initially granted for a limited period, have been allowed to continue for years with expanding structures and occupying more space. The court questioned the prescribed rent for these shops, how rents are accounted for, and the basis on which they are permitted to operate.
In the case of Chinnamasanam, who sought a direction to restore his kiosk after it was removed without notice, the court held that he did not have the right or authority to establish a shop on a road margin without permission.
This decision by the Madras High Court reflects the growing need to address the issue of shops occupying road margins and sidewalks. By formulating guidelines and ensuring compliance with relevant Acts, the State aims to protect the rights and convenience of pedestrians. It remains to be seen how these guidelines will be implemented to regulate the establishment of shops on road margins and maintain the safety and accessibility of public spaces.
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