JUDGMENT S.D. Agarwala and Ravi S. Dhavan, JJ. - There are set of cases listed before this Court. The Court has given its anxious attention to the issue in these case for a considerable time. The problem relates to basically encroachment of public roads both by public bodies and private interests. The other aspect is the issue of drinking water and its supply to the citizen of Allahabad. 2. Today, in one of the case scheme has been submitted on behalf of the Nagar Mahapalika and Jal Sansthan, Allahabad, relating to augmenting of water supply in the city. The plain reading of the scheme reveals that the local body has accepted that the water works which had been constructed in 1890 (one hundred years ago) cannot cater to the needs of Allahabad But, this is what the Court had always indicated and expressed its concern reference report in 1988 ALJ 1271. Similar views were expressed by another Bench in its judgement reported in 1987 ALJ 446. 3. In the proposals, under examination by the opposite parties it is being suggested that the existing water works will be rejuvenated. The Court has already indicated that the time has come for the Allahabad to have more than water works as there is limit on the capacity of the present water works at Khusroo Bagh, to cater the need of the entire city. There is a capacity beyond which the water works at Khusroo Sagh may not streth. Other major cities of the nation, even another major city of the State has more than one water works. There is no reason why Allahabad should be signed out in not having more water works than the one which exists at Allahabad. The scheme intended to be put into execution does not disclose whether the alteration carried at Khusroo Bagh would have potentially to cater the need of the entire city. However, if the city is to receive adequate water supply constructing more water works for drinking water, this major planning may need the establishment and creation of more water works. The city stretches from Phaphamau in the North to Naini and beyond towards South and Jhunsi, in the East to Manauri towards West, In between flow two major rivers, an unending continuous source. 4.
The city stretches from Phaphamau in the North to Naini and beyond towards South and Jhunsi, in the East to Manauri towards West, In between flow two major rivers, an unending continuous source. 4. Today, it is being virtually admitted and accepted on the record that since 1980 the planning of Allahabad for drinking water needs, did respond to its demand. The Court has indicated that planning in this regard must project for another century, and not rest content with what the British Raj planned for this city. It is a different city with different needs, tube wells on roadsides, or anywhere else may not be the answer. Then there is another aspect on issues pending before the Court. The public roads of Allahabad apparently are getting chocked as a result of activities on the road. At present it is not necessary to spell out who has caused these encroachments. 5. In writ petition No. 3119 of 1987. On record lies minutes of the meaning held on 4-11-1986. At this meeting officials of district Administration presided. These were : Mr. Prabhat Chandra Chaturvedi, District Magistrates, Allahabad (President), Administrator, Nagar Mahapalika. Allahabad, Senior Superintendent of Police, Allahabad, Mr. L. B. Tewari. Additional District Magistrate (City), Allahabad Mr. S. N. Pandey, Additional District Magistrate (Rural), Allahabad, Mr. Brij Bhushan Singh. Deputy Superintendent of Policy Allahabad. Mr V. R. Pant. Superintendent of Police (City), Allahabad, Secretary Allahabad Development Authority Allahabad, Mr. R. S. Verma, Additional District Magistrate (Civil Supplies) Allahabad, Mr. Rahul Saxena, A. R. M. (City Bus Depot, Allahabad) Mr. Rajveer Singh C. O. Traffic, Allahabad, Mr. S. R. Tripathi, A. R. T. O. Allahahad, Mr. A. Khan, Executive Engineer, P. W. D., Allahabad, Assistant Inspector of Schools, Allahabad, Mr. Prem Kumar Asthana, District Information Officer, Allahabad, Mr. S. K. Singh, City Magistrate Allahabad, Mr. Prem Charan, Traffic Inspector Allahabad, Mr. B. P. Sahi, U. P. Automobile Association, Allahabad Mr. G. G. Gulati, United Provincial Transport Company, Allahabad and Mr. Anand Mohan, Social Worker, 352, Madhwapur, Allahabad. In reference to this particular meeting amongst many proposals to clear the roads from encroachments one proposal was to the effect that the roads which are being encroached and chocked near Luxmi Talkies, Katra by hawkers is a serious problem that. The traffic virtually heals negating the purpose of public roads.
Anand Mohan, Social Worker, 352, Madhwapur, Allahabad. In reference to this particular meeting amongst many proposals to clear the roads from encroachments one proposal was to the effect that the roads which are being encroached and chocked near Luxmi Talkies, Katra by hawkers is a serious problem that. The traffic virtually heals negating the purpose of public roads. The consensus at the meeting was that this particular market be shifted to a site near by, known as the Carpentry School a Government estate. In so far as the Court is contended on this aspect it appeared to be totally remedial situation. Today the Court has been intimated by none else than the opposite-parties that this may not be possible. The revision given is that this site where hawkers and the vegetable venders were to be shifted may now house a Door Darshan (Television) Studio. What can the Court do about this ? 6. The Incoordination was at the level of the opposite parties, the district administration and the agencies of the State. One set of State agencies find a site to accommodate, hawkers to clear a major public road from congestion and encroachment another State agency earmarks it and allots it for a television studio. Lack of coordination is again a matter of record, to show that one arm of local administration does not know what the other arm is doing. How long will this go on ? The concern of the Court is that there must be solutions on matter pending before the Court, on these matters of urban planning and environment. Today by an affidavit the Nagar Mahapalika is placing another proposal to shift the hawkers market in Katra to yet another site at a place being earth filled by covering a large drain off Lajpat ai Road and South Mumfordganj towards Kasturba Gandhi Marg (Stanley Road). This has been mentioned in Paragraph 6 of the affidavit. The sites will be selected by the administration in conformity with the law. The Court will examine the legalities. The Court is also being intimated today that the local administration has abolished Tahbazari. The loss of income to the Nagarpalika is, the Court is intimated about Rs. 16 lakhs. Why loose this income ? Tahbazari does not have to be encouraged on public roads.
The Court will examine the legalities. The Court is also being intimated today that the local administration has abolished Tahbazari. The loss of income to the Nagarpalika is, the Court is intimated about Rs. 16 lakhs. Why loose this income ? Tahbazari does not have to be encouraged on public roads. It is for this reason city planners made provision for Municipal Markets which gave four benefits ; occupational employment, trade and facility to trade, convenience to citizens and income to the municipality. But, Tahbazari was not to be encouraged on public roads. The result is a problem, where solutions are laborious. 7. At the time when this order was being dictated learned Counsel appearing on behalf of the Nagar Mahapalika and the Allahabad Development Authority brought to the notice of the court another major scheme which has been presented, through to another Court for implementation of the direction in the judgment reported in 1988 ALJ 1971. This in reference to one of his largest city parks in the State. Learned Counsel, aforesaid, submitted that in that case a scheme for implementation of a major project for the city of Allahabad being a composite reports stadium, which will house every conceivable discipline, of sports is being submitted before the Court and that matter will come up before the Court on 17-8-1990. This Court has seen the record of the proceedings in Contempt Application No. 441 of 1990, on the contention of learned Counsel, aforesaid for the local bodies. 8. On the contention of the opposite parties, the local bodies and the local administration one aspect is clear that unless is there total coordination between the local administration and State Department the scheme and proposals of the local bodies, local administration will remain on files for academic value and implementation will be delayed. This cannot become a permanent feature, as the needs of the city will remain and costs will rise, what was not done so far and what is proposed to be done, the time has come to do it now. 9. To remove in co-ordination between State agencies and more so when the scheme as part of urban planning for the city are major, the Court considers it necessary in the public interest that the Secretary, Nagar Vikas (Urban Development) be available to the Court along with Mr.
9. To remove in co-ordination between State agencies and more so when the scheme as part of urban planning for the city are major, the Court considers it necessary in the public interest that the Secretary, Nagar Vikas (Urban Development) be available to the Court along with Mr. Alok Ranjan, the Mukhya Nagar Adhikari, Nagar Mahapalika and vice Chairman, Allahabad Development Authority. This will be conductive to finalisation of the proposals suggest by the local administration and the feasibility of its implementation. Subsequently on the directions of the Court. The Court is being intimated at the Bar today by Counsel for the local bodies, that the Mukhya Nagar Adhikari, Nagar Mahapalika and Vice-Chairman, Allahabad Development Authority, Mr. Alok Ranjan, I. A. S is under transfer This may creates another situations of procrastination and briefings all over again, only to postpone matters, like it has happened in the past. The Court's concern is that atleast the beginning of implementation of all these schemes should happen. All these public benefit and civic schemes do not even go beyond the stage of proposals This Court directs that until the next date, when the Secretary, Nagar Vikas, shall appear, the transfer of Mr. Alok Ranjan, the Mukhya Nagar Adhikari and Vice Chairman, aforesaid, shall remain in abeyance until further orders. 10. List before this Court on 27st August, 1990.