The Madhya Pradesh High Court has upheld the measures taken by the Indore Municipal Corporation (IMC) to reduce traffic congestion at ‘56 Dukan,’ a popular food and shopping destination in Indore. The Court ruled that the barricading of the road was in the larger public interest and necessary for managing heavy traffic flow in the area.
Justice Subodh Abhyankar, in his order, stated:
“Traffic jams are not new to the world and are known to be highly contagious… If vehicles are allowed to enter the 56 Dukan area from MG Road, it would lead to total chaos. This would not only cause congestion at 56 Dukan itself but also at MG Road. No reasonable person can ignore this fact.”
The Court observed that even with the barricades in place, many vehicles stop on MG Road for food items like Poha, Jalebi, Samosa, and Kachori, contributing to congestion. The judge emphasized that barricading was a well-thought-out decision made in the public interest and could not be interfered with.
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The case was filed by 33 shop owners from One Centre, a commercial building at 56 Dukan. The petitioners were aggrieved by:
- Blocking of the main entrance from MG Road with steel pillars
- Encroachment on their parking space by structures like flower shops, a pan shop, and a public toilet
Their counsel argued that:
- The shop owners had received an occupancy certificate after purchasing the shops.
- The Municipal Corporation and Indore Smart City Development Limited had placed obstructions that restricted vehicle access from MG Road, affecting their businesses.
- The barriers had caused financial losses to the shop owners as customers found it difficult to reach their establishments.
The Indore Municipal Corporation defended its decision, stating that:
- Customers can still access the shops through the northern side of the building.
- The barricades were placed to control unmanageable traffic jams, ensuring a better shopping and food experience at 56 Dukan.
- The move was part of an effort to organize the food street and provide better infrastructure.
- Due to the new traffic arrangement, daily footfall at 56 Dukan had increased, benefiting businesses rather than harming them.
Regarding the encroachment allegations, the Court advised shop owners to seek a remedy under Section 307(5) of the Municipal Corporation Act, 1956, which allows complaints to be taken before the District Court.
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The Court noted that the barricades did not completely block the road—they were only placed to prevent vehicle entry, not pedestrian movement.
“56 Dukan is a well-known tourist attraction and the most visited food hub in Indore. Due to its popularity, the Municipal Corporation and State Government made arrangements for proper traffic regulation. The restriction of vehicles from MG Road cannot be termed as an arbitrary action.”
The Court also referred to Section 317 of the Municipal Corporation Act, 1956, which gives the Corporation the authority to partially or fully close a public street with the State Government’s approval. Based on this, the Court concluded that:
- The action was not illegal or arbitrary.
- Allowing vehicles from MG Road would create severe congestion at 56 Dukan and MG Road.
- The barricading was a thoughtful and necessary decision taken for public welfare.
The petition was dismissed, upholding the Municipality’s traffic control measures.
Case Title: Dharmendra And Others Versus The State Of Madhya Pradesh Department Of Urban Development And Housing And Others, Writ Petition No. 28811 Of 2022
