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1999 Supreme(All) 143

IN THE HIGH COURT OF ALLAHABAD
M. KATJU, S. L. SARAF
VINOD CHANDRA VARMA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. A. 1251 Of 1998
Decided On : 02/08/1999

Advocates Appeared:
PRAVIN SRIVASTAV

Municipal corporations have a legal duty to maintain cleanliness and sanitation in the city, and are empowered to take disciplinary action against non-performing employees.

Headnote:

Municipal Corporation - Cleanliness and Maintenance - The court directed the Nagar Nigam, Allahabad to keep the area clean, repair sewer lines, and stop the keeping and tying of animals on the street, emphasizing the responsibility of the municipal corporation to maintain cleanliness and sanitation in the city.

Fact of the Case:

The petition sought the direction for the Nagar Nigam, Allahabad to keep the area clean and repair sewer lines, citing the accumulation of filth and garbage causing inconvenience and health hazards.

Finding of the Court:

The court directed the Nagar Nigam authorities to take strong disciplinary action against employees not working properly, and ordered the cleaning and repair of sewer lines and water pipes in various parts of Allahabad. Non-compliance would result in prompt action against the employees.

Issues: The main issue was the failure of the Nagar Nigam, Allahabad to maintain cleanliness and sanitation, despite having employees and resources for the purpose.

Ratio Decidendi: The court emphasized the responsibility of the municipal corporation to ensure cleanliness and sanitation in the city, and the need for strong disciplinary action against non-performing employees.

Final Decision: The court ordered the Nagar Nigam, Allahabad to take immediate action to clean and repair sewer lines and water pipes in various parts of the city, with a directive for prompt disciplinary action against non-performing employees.

M. KATJU, J.

( 1 ) SRI S. D. Kautilya has appeared for the Nagar Nigam, Allahabad and may file counter-affidavit it within thre weeks. List this petition in the week commencing 8/02/1999

( 2 ) THIS petition has benagar Nigam, Allahabad be directed to keep the are of Mohhallaen Krisahna Nagar (Kydganj), Allahabad clean and repair the sewer lines etc. and stop the keeping and tying oif animals on the street. It is indeed true that in several localities of Allahabad there is filth and garbage which has piled up causing inconvenience to the passer-by and lot of diseases and health hazards. It is common knowledge that now here cleaning of the roads, garbage and sewer is done in Allahabad by the Nagar Nigam, although there are bout 1800 permanent employees and 800 casual labourers working in the Nagar Nigam for thi purpose, but they do not work and if they are tolda to work they threaten to go on strike. For paymenmt of salaries of these employees Municipal taxes are imposed on the citizens e. g. house tax and water tax. The citizens of Allahabad are paying these taxes without getting any corresponding benefits e. g. keeping the city of Allahabad clean and other ban amenities.

( 3 ) WE therefore, direct the Nagar Nigam authorities to take strong disciplinary action against those Safai Karmacharies and other employees who are not working properly. We further direct that not only the mohalla Kydganj but also other parts of Allahabad city should be cleaned and sewer lines, water pipes, etc, repaired, otherwise action must be taken against the employees concerned promptly and compliance report be submitted to this Court by the next date. Ordered accordingly.


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