The Hindu : SC ban on structures for meetings on T.N. roads

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Friday, Apr 11, 2003

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SC ban on structures for meetings on T.N. roads

By Our Legal Correspondent

NEW DELHI April 10. The Supreme Court today passed an order directing that no temporary or permanent structure would be allowed on main roads and thoroughfares in Tamil Nadu for holding public meetings and processions which would obstruct the free flow of traffic.

A Bench comprising Justice K.G. Balakrishnan and Justice P. Venkatarama Reddi before whom the petition filed by K.K. Road Merchants, Entrepreneurs and Residents Welfare Association came up for hearing disposed of the matter on the basis of the affidavit filed by the State.

In July last, the court had granted time to counsel for the State to get instructions to the effect that no temporary or permanent structure shall ever be allowed on a main road, thereby blocking the free movement of traffic.

Later in an affidavit, the State Home Secretary submitted that the State Cabinet met on September 19 last and decided that no temporary or permanent structure would be allowed on main roads. Further, under the relevant provisions of the Act, no one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any street either under the Corporation or Municipality. It said appropriate directions would be issued to the authorities concerned based on the orders to be passed by the apex court.

Pointing out that the earlier interim orders of the court banning processions and public meetings blocking main roads had been scrupulously observed by the Government, the Home Secretary said there should be an element of discretion with the authorities of the State in this matter.

Today, counsel for the State, A.T.M. Sampath, and K.K. Mani, counsel for the petitioner, said the matter might be disposed of in the light of the latest affidavit and accordingly the Bench disposed of the matter.

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