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

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 Allahabad High Court on Friday pulled up the Uttar Pradesh government over the dilapidated condition of Nadarganj area of the city, saying that it is the responsibility of the state government to provide basic amenities like good roads, sewage and drainage system to the citizens.

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

The PIL sought 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 industrial area.

The Court observed, “To show the dilapidated condition of roads, which are even waterlogged and in fact have become non-pliable, 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 roads and reconstruction of sewage and water drainage system, grievance of the public at large remains unredressed.”

The Bench said 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 UP 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 UP State Industrial Development Authority or even Lucknow Development Authority, is under 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, UP 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 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,” it added.

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