Courts Update Allahabad High Court directs Lucknow Commissioner to repair roads,...

Allahabad High Court directs Lucknow Commissioner to repair roads, sewage system; says govt responsible for providing basic amenities to the public

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Allahabad Sept 25(ILNS): The Lucknow Bench of the Allahabad High Court on Friday said on the dilapidated condition of development of the Nadarganj area of the city that it is the responsibility of the state government to provide basic amenities like good roads, sewage, and drainage system.

The Division Bench comprising of Justice Devendra Kumar Upadhyaya and Justice Ajai Kumar Srivastava-I passed this order while hearing a PIL filed by Sharad Kumar Srivastava.

The Public Interest Litigation petition has been filed seeking a direction to restore/reconstruct the main road of Nadarganj Industrial Area (Amausi), Lucknow with other adjoining roads and further to construct the sewage and water drainage system and provide other basic amenities in the aforesaid industrial area.

The Court observed that,

To show the dilapidated condition of the roads which are even waterlogged and in fact have become nonpliable, certain photographs have been enclosed.

The situation of the roads and sewage and water drainage system has though been brought to the notice of the authorities, however, on account of the alleged dispute as to which of the authority has to undertake the restoration of the roads and reconstruction of the sewage and water drainage system, grievance of the public at large remains unredressed.

The Court said that providing the facilities of good roads and appropriate sewage and water drainage system is the duty of the State and its authorities. Merely because there is no consensus as to which of the authorities is under obligation to provide such facilities, cannot be a ground to deprive the general public of better accessible roads and better sewage and water drainage systems.

Nadarganj Industrial Area is within the limits of Lucknow Nagar Nigam. However, it has been developed by the U.P. State Industrial Development Authority. It is not the concern of a common citizen as to which of the authorities, that is to say, either Lucknow Nagar Nigam or Public Works Department or U.P. State Industrial Development Authority or even Lucknow Development Authority is under a legal duty to provide such facilities.

The Court further said that it is for the authorities to own the liability and discharge the same so that the general public of the area may be able to have better roads and better sewage and water drainage system.

The Court disposed of the writ petition with the direction to consider the grievance raised in the petition relating to restoration/reconstruction of roads, sewage, and water drainage system at the earliest.

“For the said purpose, we require that the Commissioner of the Lucknow Division, Lucknow shall convene a meeting of the responsible officers of the Lucknow Nagar Nigam, U.P. State Industrial Development Authority, Public Works Department, and Lucknow Development Authority where the matter shall be discussed and responsibility of the said reconstruction/restoration of the roads, sewage and water drainage system shall be fixed/determined by the Commissioner in consultation with the officers of these agencies.

The said determination of the responsibility shall be made by the Commissioner within a month from the date a certified copy of the order is produced before him and once the responsibility is fixed, the concerned Agency/Department shall carry out necessary works with expedition and complete the same, say, within a period of six months thereafter”, the Court ordered./ILNS/AP/SNG

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