JUDGMENT : Ravi S. Dhavan, J. 1. The proceedings today are as a result of the order of 7 August 1990, when this court found that certain schemes to be executed by the local administration regarding civic amenities are being bogged down as a result of in coordination as the bureaucracy who have to execute the schemes cannot come together on one common table the schemes are municipal but the execution is, it appears not being municipalized. A long span of a void in local self-government in this State lost the synchronization between citizens who forgot their civic rights (obligations included) and the officials who are slow to abdicate the style of raj as if local administration had better be without citizens' participation. 2. Two aspects which were engaging the attention of the court are municipal water supply (drinking water) and its production, supply and distribution and encroachment by hawkers or veniors which has resulted in virtually choking Kamla Nehru Road running near the Lakshmi Talkies, Katra crossing where a vegetable market has sprung up, on the road itself. These cases have been pending now for three years and a solution to this civic problem has been alluding the' court, the local administration has been evading the solution Initially these public interest litigations were not realised by the local administration. There was always an attempt to scuttle it, not realising that the issues will not disappear. One aspect in both the problems is common Public roads have been encroached upon, and the local administration has not discouraged it. It has used public roads to encourage tahbazari on it, the situation has now got out of hand and the public roads are choked. It has used roads to put public utilities, by following the path of least effort in locating it anywhere else. Forgetting the right 'of a citizen to question bad and illegal planning, on style of who are you to question us attitude, a repeated pointer by the court to the provisions of Chapter VI-A of the Constitution of India and reference to certain Supreme Court decisions on environment and the concept of the road brought around the local administration to review what it has done, in a spirit of enquiry and reform and conform to the law. The opposite parties, the State or local administration had been indicated by the court that the Supreme Court had made the law very clear. The road is for passage only and nothing will come on it by encroachment whether shop keepers or public utility services. In any case if there is to be excellence of urban planning there is no place for obstructions on roads. No matter what the object or the activity may be, and there is no separate law for this for individuals and the State. 3. It has taken a long time for the local administration' to come to terms with this concept, at least, before this court in the matters listed before it but the purpose of today's proceedings were different. It is now accepted and not registered by the opposite parties included that the road is not to be obstructed. 4. The subject matter of two writ petitions were activities on the road as a common subject, but thereafter, for solution the similarity ceases in the two writ petitions. In re : Abhay Raj Singh v. Nagar Mahapalika, Allahabad and others, there- are two aspects, ii) The city water supply and (it) to generate it with tube wells on the roads. The local administration indiscriminately started putting mechanised tube wells on the side walks of public roads. The issue was challenged in the writ petition. Much that has happened in this writ petition is not being gone into at present, as the Head of the local administration (now under transfer) came around to the view, and rightly that the matter itself needs introspection and re-thinking as this approach to planning was not solving the water crisis either and creating more issues. The consequential, but not unrelated, issue also is how long will Allahabad continue to live in illusion that it can receive drinking water from 'water works which was made in 1890 for a population which was less than l/10th than what it is today and the size also was l/3rd of today's area. Khusroobagh, is the water works which was, made in 1890. It is accepted by the local administration both local and State that the limits of this water, works to supply the entire city have been stretched and overshot. Khusroobagh, is the water works which was, made in 1890. It is accepted by the local administration both local and State that the limits of this water, works to supply the entire city have been stretched and overshot. Then, the question itself arises why was Allahabad left put without a second, if not, more water works in different parts of the city. The local administration Annual Reports from 31 years after the Khusroobagh Water Works was commissioned in 1890, reveal that every Chairman of the Municipal Board, like Shri Purshottam Das Tandon, in 1921 Annual Administration Reports Shri Jawaharlal Nehru in 1923-24 Annual Administration Reports and Shri Kamta Prasad Kacker in 1925-26 and again 1930-31, Annual Administration Reports were critical of the inadequate water supply and the manner of its generation, tube wells not excluded. Dr. Kailash Nath Katju, in 1936-37, Annual Administration Reports commented on the scheme for wastage of water and was concerned that, "It was not tackling the problem in a scientific manner." 5. Today the population of Allahabad is between 9 to 10 lakhs, a figure not disputed by the opposite parties, in 1981 census reports the population as 7, 73, 588, for the urban section. In 1981 it was 1, 75, 246 District Gazetteer of United Provinces Vol. XXII, Alld. p. 197. 6. In a matter decided by the court by a Division Bench the Honourable Mr. A. Banerjee (as he then was and later Chief Justice) and the Honourable Mr. K. P. Singh, JJ. The court had already reflected that Allahabad needs another water works. The court has even reflected that it should be towards the west of the city. This concern of the court was apparently joining the archives along with the comments of the personalities mentioned above, But, the Municipal supply of drinking water, during the last five years comes to a near collapse during the summer and cannot be called a civic amenity during any month of the year. The local administration found the easiest way out by sinking tube wells, many on public roads. The errors of planning brought the petition as a class action, the issues being in effect tube-wells This gave rise to consequential issues that this was hardly a solution to solving the water problem and that for a city which is surrounded by two major rivers of the nation. The errors of planning brought the petition as a class action, the issues being in effect tube-wells This gave rise to consequential issues that this was hardly a solution to solving the water problem and that for a city which is surrounded by two major rivers of the nation. The other matter arises out of the petition of Sanjay Agarwal v. Nagar Mahapalika, Allahabad and others, arate prayer, to the Municipal Board, the frontage of whose property has become a conglomeration of vendors and hawkers and shopkeepers all put together and a vegetable market has sprung up. Any time of the day, or evenings included, except when night puts people to sleep, there is neither a passage nor a road for use as such. The submission of this rate prayer is also that his property value has diminished and in any case hawking and reservation of the public roads by shop keepers cannot be in front of his house. The defence is unsatisfactory. Again the concept of the road comes in for reflection before the court. In this case also many shades of defences, more legal ingenuities then the efforts to resolve the problem were offered. There were arguments of door hawkers, vendors and shopkeepers. Such arguments apparently faded as the Supreme Court handed down decisions that right to life and property, cannot be confused into with squatting on public roads. The court reminded the local administration that it is the aesthetics of planning which is in issue. This question is not of any class right. The matter is one of a city to survive. After all what is a city made out of if it does not have free roads of passage. 7. In principle the local administration, has recently veered round to the view that the public roads cannot be blocked by hawking. The Nagar Mahapalika gave an affidavit, the contents of which are referred to in the earlier order of 28-7-1990. One alternate site for shifting the vegetable market of Katnla Nehru Road (Lakshmi Talkies crossing) to the compound of Carpentry School. This alternate site while the matter was under consideration, apparently was earmarked for a Television Studio, the foundation of which was laid by the Prime Minister. Thus, this site goes. One alternate site for shifting the vegetable market of Katnla Nehru Road (Lakshmi Talkies crossing) to the compound of Carpentry School. This alternate site while the matter was under consideration, apparently was earmarked for a Television Studio, the foundation of which was laid by the Prime Minister. Thus, this site goes. Now in the affidavit the proposal is to shift it over the land fill on the large drain (nala) running east to west and south of Mumfordganj. Let efforts be made on this site to open a vegetable market for which the corporation or may charge tahbazari. But the municipal market is not to be on the side walks of the road or the side road, but away from the road; as the court has indicated on the Centre of the land-fill, over the drain. The structure should be simple so that it gives shelter from sun and rain.- 8. One of the aspects which will have to be kept in mind by the local administration is that the matter will have to be discussed with the representative of the vendors who will be shifted to indicate to them in no uncertain in terms that they cannot be on the road but an alternate is being arranged. It is also to be made quite clear that the alternate is being made as a measure of better city planning so that consequential advantages is theirs, there is no right "under the law to block roads. Thus, the place where they will be shifted will be available on payment of tahbazari which will be collected direct by the Nagar Mahapalika. These vendors, in reference to the matter before the court i e. The vendors of Kamla Nehru Road near Lakshmi Talkies market, may thus have a representation before this court, but through the Mnkhya Nagar Adhikari. Now the matter of tahbazari. The defence of the Nagar Mahapalika has taken a volte face. Tahbazari, if collected appropriately and directly is revenue for the local Municipal Corporation, which it can hardly afford to loose. The Allahabad Nagar Mahapalika made a bald statement (reference application in writ petition no. 7394 of 1987) dated 8 August 1990 that it had abolished tahbazari, and thus, it told the court that writ petitions be dismissed. Tahbazari, if collected appropriately and directly is revenue for the local Municipal Corporation, which it can hardly afford to loose. The Allahabad Nagar Mahapalika made a bald statement (reference application in writ petition no. 7394 of 1987) dated 8 August 1990 that it had abolished tahbazari, and thus, it told the court that writ petitions be dismissed. The Court informed counsel for the Nagar Mahapalika, that the latter cannot be absolved of its statutory duty to Jeep the roads of the city mainfained and free from encroachments. Simultaneously, came supplementary affidavit on behalf of the Nagar Mahapalika, affirmed by its legal advisor, that this court "may pass suitable order for shifting of Katra subzimandi from its present situation to Lajpat Rai Road near the junction of Stanley Road and Lajpat Rai Road." The Nagar Mahapalika now is looking towards the court to resolve a problem it created. Then why this martydom in abolishing tahbazari on public roads. The court had always indicated, that tahbazart, a medieval concept, will have to be blended with modern times, concepts of urbanisation and law s. Today, the Mahapalika, under the guidance of its out going Mukhya Nagar Adhikari has come around to that view. 9. This court, thus, considered it necessary to have the Secretary Nagar Vikas (Urban Planning) Government of Uttar Pradesh to be available to the court for discussion along with Mr. Alok Ranjan., I.A.S, until recently the Mukhya Nagar Adhikari of Nagar Mahapalika and the Vice-Chairman, Allahabad Development Authority. Both were present before the court and they had discussions. The court appreciates the gesture they have shown to the court in trying to resolve/the issues which concern the civic problems of a major city of a State. 10. These officials had detailed discussions with the court and are thus apprised of what the issues were about. On the water crisis two aspects were brought to their notice. As already indicated above, the water crisis could not be solved by indiscriminate sinking of tube wells and more so on public roads. The time has come that Allahabad be given more than one water works. While generating supply of drinking water conservation could not be over looked, the steps to prevent wastage were unsatisfactory. Mr. Ram Kishan, I.A.S. Secretary, Nagar Vikas (Urban Planning) gave some startling facts to the court. He appreciated that ? The time has come that Allahabad be given more than one water works. While generating supply of drinking water conservation could not be over looked, the steps to prevent wastage were unsatisfactory. Mr. Ram Kishan, I.A.S. Secretary, Nagar Vikas (Urban Planning) gave some startling facts to the court. He appreciated that ? the city has expanded since the last water works was established in 1890. The court drew attention to the fact that Lucknow will have the advantage of water works III in the trans Gomti area. Mr. Ram Kishan, I.A.S. accepted this position. 11. The Secretary, Nagar Vikas, intimated the court that Allahabad was allocated about Rs. 7.5 crores for the water works. Out of this amount he submitted that a substantial amount was misutilised for paying salaries of staff. He further submitted that a large amount has now been debited as interest on the non-repayment of the grant. He submitted that it is not that Allahabad was ignored or by-passed for its needs to have another water works apart from Khusroobagh. The court appreciated the submissions made by the Secretary, Nagar Vikas. But expressed concern that misuse of grants is a matter for an appropriate agency to enquire, that the city must not suffer for want of additional water works when it has need for it. It was accepted that the installation of tube wells was a poor substitute for more water works and had its ills depending on many factors. Electricity failure, chlorine monitoring, distribution and ground water depletion. The Secretary indicated that this project of an allocation of water works at Allahabad was World Bank Project. The Secretary, Urban Development appreciated the court's concern that at some stage or the other a permanent water works apart from Khusroobagh is to be given to the city. 12. Thus, the court now directs the Secretary, Nagar Vikas to give a full disclosure to the court on the account which was allocated to the city of Allahabad for the establishment of a water works whether founded by the State Government or a part of World Bank Project. This disclosure with complete facts and figures including the amount which was allocated for a water works but was misutilised for other purposes is to be made in this disclosure. The court observed that what has been misutilised is one aspect of the matter, but on this misutilisation the city cannot suffer. This disclosure with complete facts and figures including the amount which was allocated for a water works but was misutilised for other purposes is to be made in this disclosure. The court observed that what has been misutilised is one aspect of the matter, but on this misutilisation the city cannot suffer. The court pointed out the direction of a Bench of this Court referring to the need for another water works. The court indicated to the Secretary that if Lucknow could have three water works there is no reason why Allahabad, regard being had to its expansion and needs should not* have likewise. Between now and when the matter is taken up next on or before 21-9-1990, let the Secretary, Nagar Vikas formulate a proposal as a part of a planned expenditure and a scheme, of the State, for the city of Allahabad for a plan allocation for water works compatible with the needs of the city. What is needed are permanent water works. A systematic, scientific and executable scheme must be submitted otherwise even the funding agencies, World Bank or any other will get the impression that the grants made for a specific allocation are misutilised either by the local administration or the State, whichever be the case, and further funding may become difficult. Allahabad cannot be made to suffer for misutilisation of grants, as that is a matter of public accountability. But the citizens will have to conform to schemes for conservation of drinking water. The local administration will also have to take effective steps to prevent wastages and leakages. 13. Before the court parts with today's orders, let the record be straight on a certain aspect. The court is called upon to do this as an affidavit has been filed by the State of U. P. to explain its position, be that as it may, this court has not asked for any explanation. The matter is of the transfer of the then Mukhya Nagar Adhikari, Nagar Mahapalika, Allahabad and Vice Chairman, Allahabad Development Authority, Mr. Alok Kanjan, I.A.S. The State is attempting to explain of a stay order .staying a transfer and not having knowledge of the contents of the order. The matter is of the transfer of the then Mukhya Nagar Adhikari, Nagar Mahapalika, Allahabad and Vice Chairman, Allahabad Development Authority, Mr. Alok Kanjan, I.A.S. The State is attempting to explain of a stay order .staying a transfer and not having knowledge of the contents of the order. This court did not stay the transfer order, as misunderstood by the State without the next of the order and also reported in the press, and later one leading newspaper expressing regret, unsolicited, that its news report was incorrect. The court's anxiety, regard being had to issues before it, in these matters of civic schemes and amenities was that the new Mukhya Nagar Adhikari should be briefed by the outgoing officer as a continuity of handing over charge, as the court was being intimated of a void with a successor not being announced, which situation continues. The cases were being adjourned and the stage is such that without the Mukhya Nagar Adhikari implementation of the schemes may remain in abeyance even today. However, as far as the court is concerned, the officials are present and assure the court that they shall maintain continuity, by briefings to the new successor to Mr. Alok Ranjan, I.A.S. when his appointment is announced, and that they will be present on the next occasion with the new incumbent in office, should he arrive by then. That is how matters should be, and with all the officials present no further explanation 1s necessary. 14. List on 21 September, 1990, for the opposite parties to report to the Court as indicated above. The officials have indicated that they will make themselves available.