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2016 Supreme(All) 2094
ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Yashwant Varma, J.
Swami Viveka Nand Samajik Utthan Samiti - Appellant
Versus
State of U.P. And 4 Others - Respondent
Public Interest Litigation (Pil) No. - 10392 of 2016
Decided On : 04-03-2016
For the Petitioner: Alok Krishan Tripathi.
For the Respondent: C.S.C., Nisheeth Yadav, Qamrul Hasan Siddiqui, Sriprakash Singh.
The court emphasized the duty of the competent authority to maintain public parks and mitigate nuisances to residents caused by development activities.
Headnote:
Public Park - Encroachment - The court issued directions to ensure that the existing park is maintained properly and that necessary steps are taken to mitigate the nuisance to the residents.
Fact of the Case:
The petitioner raised grievance regarding the encroachment of a public park by the Ganga Pollution Control Unit, an arm of the U P Jal Nigam, and the damage caused to the adjoining roads due to the setting up of a sewage pumping station.
Finding of the Court:
The court found it necessary for both the Nagar Nigam and the Jal Nigam to ensure the proper maintenance of the existing park and to remedy the damage caused to the roads. It issued directions to mitigate the nuisance to the residents and maintain the park in its proper form.
Issues: Encroachment of public park, damage to roads, maintenance of the park
Ratio Decidendi: The court emphasized the importance of maintaining the existing park and remedying the damage caused to the roads, issuing directions to the competent authority to take necessary steps to mitigate the nuisance to the residents and ensure proper maintenance of the park.
Final Decision: The petition was disposed of with directions issued to ensure the proper maintenance of the park and mitigation of the nuisance to the residents.
The grievance with which the petitioner has moved these proceedings is that a public park situated in Preetam Nagar, Dhoomanganj in District Allahabad is being encroached upon by the Ganga Pollution Control Unit which is an arm of the U P Jal Nigam.
2. The learned counsel appearing on behalf of the Nagar Nigam has placed on the record a communication addressed by the U P Jal Nigam on 30 January 2016 to the petitioner, a copy of which was marked to the Municipal Commissioner, Nagar Nigam, Allahabad. The communication indicates that a sewage pumping station is being set up by the Jal Nigam and that as a result, some damage has been caused to the adjoining roads. The letter states that the damage of roads would be rectified after the work is completed. Furthermore, it is stated that the land which is situated to the west of the proposed pumping station would be maintained by the Nagar Nigam in the event that it is recorded as a park.
3. In our view, it is necessary both for the Nagar Nigam and the Jal Nigam to ensure that the existing park is maintained properly. The grievance of the residents in regard to the damage which has been caused to the roads as a result of the work which is being carried out is something which should be remedied even in the short run before the work is completed.
4. Hence, we issue directions to the effect that the competent authority shall take all necessary steps to mitigate the nuisance to the residents and to ensure that the park is maintained in its proper form.
5. The petition is accordingly disposed of. There shall be no order as to costs.
