In a PIL concerning allegedly damaged BPL houses, the Court found the State had initiated departmental inquiries and civil suits. It disposed of the petition directing swift conclusion of proceedings.
Direction to the State to conclude the proceedings expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 9774 of 2012
Petitioner :- Moti Lal Yadav Respondent :- State Of U.P.Thr.Secy.Housing And Urban Development Deptt.Andors Counsel for Petitioner :- Moti Lal Yadav In Person Counsel for Respondent :- C.S.C.,Gaurav Mehrotra,N.C.Mehrotra,Ratnesh Chandra
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.
Heard Sri Moti Lal Yadav, the petitioner-in-person and Sri Amitabh Rai, learned Additional Chief Standing Counsel for the State-respondents.
The instant writ petition was filed in Public Interest Litigation in the year 2012 stating that 1968 houses were constructed by the Lucknow Development Authority in Devpur Para for persons below poverty line and in a survey conducted in the year 2011, 1395 houses were found to be partially damaged, 507 houses were found to be damaged and 66 houses were found to be fully damaged. Lucknow Development Authority decided to demolish the houses and to launch a new scheme at the site. The petitioner prayed for conducting an inquiry for ensuring punishment of the guilty officers and contractors.
The State has filed an affidavit stating that a departmental committee of officers of the Lucknow Development Authority was constituted by means of an Office Memorandum dated 22.12.2022. the committee submitted its report on 23.12.2023 stating that as per the records available, 11 engineers and a planner who had worked in the scheme had been identified, out of whom only one person, who was working as a junior engineer at the relevant period, is in service and rest of the persons have already retired. It has been stated in the affidavit that directions have already been issued for filing civil suits for making recovery from the persons who have already retired and disciplinary proceeding has been initiated against one engineer who is still in service.
In view of the aforesaid statement made in the affidavit filed by the State Government, since the State has already initiated proper proceedings in respect of the grievance raised by the petitioner by filing this writ petition, nothing needs to be adjudicated by this Court.
In view of the aforesaid circumstances, the writ petition is disposed of with a direction that the State shall make every endeavour to conclude the proceedings expeditiously.
(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.) Order Date :- 15.2.2023 Pradeep/-
Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench
Moti Lal Yadav
State Of U.P
DEVENDRA KUMAR UPADHYAYA
SUBHASH VIDYARTHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
