PIL seeking mandamus for periodic cleaning of Lucknow's drainage system to prevent water logging, functioning of pumps, framing of guidelines, and enquiry against officials. Court heard counsel and directed respondents to file counter affidavits within three weeks.
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Court No. - 10
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 36 of 2024
Petitioner :- Sanjog Walter Respondent :- State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Shikhar Chaube,Ashok Kumar Chaube,Saurabh Singh Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra,Savitra Vardhan Singh, Shubham Tripathi, Shailesh Singh Chauhan
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
(1) Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Respondent nos.1 and 2, Shri Savitra Vardhan Singh, has filed his Power on behalf of the Opposite party no.5Commissioner/ Nagar Aayukta, Nagar Nigam, Lucknow, Shri Shailendra Singh Chauhan, has filed his Power on behalf of the Opposite party no.3- Vice Chairman, Lucknow Development Authority, Lucknow and notice has been accepted by Shri Shubham Tripathi, on behalf of Opposite party no.6- Vice- Chancellor, King George Medical University, Lucknow.
(2) This Public Interest Litigation has been filed with several prayers, the gist of which is seeking a mandamus to the respondents to perform their duties as given under the Municipal Corporation Act and Rules framed thereunder for proper cleaning of drainage system in the City of Lucknow periodically, so as to avoid possibility of water logging during Rainy season and for framing of Guidelines, if none have been framed so far, for the regular Cleaning of Drainage System / Water Logging including the construction work near Nala's/ Drains.
(3) The petitioner has also prayed that a Mandamus be issued to the Opposite parties to ensure proper
functioning of pumps installed for draining water from the low lying areas of the city of Lucknow and also instituting an Independent Enquiry against the Officials responsible of the concerned Department who have not been doing their duties of cleaning of Drains/ Nalas /Drainage System for the City of Lucknow despite Budget having been provided by the State Government in this regard.
(4) It has been submitted by the learned counsel for the petitioner that the petitioner has made a complaint regarding construction work being carried out by the Opposite party no.6 of its boundary wall near Infectious Disease Hospital, Lucknow, in Jawahar Nagar, Lucknow and in the reply that was submitted by the concerned Officer, a copy of which has been filed as Annexure to the petition, it has been admitted that there is encroachment on the Nalas /Drainage System running in Jawahar Nagar area. He has also referred to several other information that have been extracted on the basis of an application made under Right to Information Act by the petitioner regarding the cleaning of drainage system in the city of Lucknow.
(5) Learned counsel appearing for the Nagar Nigam, Lucknow, has produced before this Court the photographs relating to construction of Nala by the Program Implementation Unit/ Contractor concerned.
(6) He prays for time to file a counter affidavit in the matter.
(7) All the respondents are directed to file their counter affidavits in the matter within three weeks.
(8) List this matter on 15.02.2024, as fresh .
(9) Office is directed to print the names of Shri Savitra Vardhan Singh, for the Opposite party no.5Commissioner/ Nagar Aayukta, Nagar Nigam, Lucknow, Shri Shailendra Singh Chauhan, for the Opposite party no.3- Vice Chairman, Lucknow Development Authority, Lucknow and Shri Shubham Tripathi, for the Opposite party no.6- Vice- Chancellor, King George Medical University, Lucknow, as appearing for the respondents in
the cause list whenever the case is listed next. Order Date :- 17.1.2024 N.PAL
Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Sanjog Walter
State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko.
Vice Chairman, Lucknow Development Authority, Lucknow
Commissioner/ Nagar Aayukta, Nagar Nigam, Lucknow
Vice-Chancellor, King George Medical University, Lucknow
Sangeeta Chandra
Ajai Kumar Srivastava-I
As recorded by the court registry
2 orders share this CNR
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