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Patna High Court · body

2013 DIGILAW 917 (PAT)

Sunil Kumar v. State Of Bihar

2013-08-01

NAVIN SINHA, VIKASH JAIN

body2013
ORAL ORDER NAVIN SINHA, J. Mr. Himkar for the Corporation from an affidavit filed today submits that all efforts are being made to educate Thela Vendors, Food Vendors, Fruit and Vegetable Sellers including shopkeepers in various localities to keep dustbins at their premises which shall facilitate removal of garbage by the Corporation and prevent accumulation of unnecessary garbage on the roads. He also submits that the Empowered Standing Committee of the Corporation at its meeting dated 29.6.2013 has approved a scheme for door-to-door collection of garbage. It has also been approved by the Municipal Board on 27.7.2013. User charges shall be levied based on the nature and category of user. The process for purchase of necessary equipments shall be considered by the Empowered Standing Committee at its next meeting. 2. If purchases are considered necessary, on which aspect we express no opinion, it is expected that the same shall be guided by prudence and pragmatism keeping in mind the practical realities of the constricted roads and bye-lanes which constitutes Patna, so that in the ultimate analysis they are not rendered practically unusable. 3. Though the Corporation has suggested that the process including nomination of a suitable Agency for the purpose shall take approximately four months, we direct that every effort should be made to clear the process within three months as we have already observed in our order dated 8.7.2013 that disposal of garbage in the capital city is a pressing problem and which needs prompt attention not only from the hygienic point of view, but also the city landscape. 4. On an earlier occasion, only a chart showing the main drains of Patna with the number of days required for cleaning each was placed before us. We had observed that no specific programme for the cleaning and completion dates had been placed before us. None has been brought before us till today. The Corporation has already identified the main drains which service the town. Heavy rains can undoubtedly lead to water accumulation. Proper civic facilities must ensure that accumulated water drains out within a reasonable time of forty eight hours at the maximum and does not stagnate for weeks or months. The Corporation shall ensure that all drains, catch pits and manholes are properly serviced and cleaned so that in the event of heavy rainfall the water drains out within 48 hours if not earlier. The Corporation shall ensure that all drains, catch pits and manholes are properly serviced and cleaned so that in the event of heavy rainfall the water drains out within 48 hours if not earlier. If on account of heavy rains sewerage water overflows into areas of habitation compelling the citizens including children have to wade through the same, the Court shall take serious view of the matter for failure to provide civic facilities. 5. We have also accessed the website of the Corporation from the Court Room, in view of the submissions made in the counter affidavit that it has been made functional with provision for online complaints. We direct that the Corporation shall ensure that all complaints mentioning the locality are put in the public domain on the website along with the action taken within a maximum period of four days from date of lodging so that there is complete transparency in the working of the Corporation and the citizen also has an avenue for ventilation of his grievance. At a future date we shall also examine the website to see how many complaints had been put online with action taken put by the Corporation in the public domain. 6. It is generally acknowledged that there has been marginal improvement in removal of garbage from the main roads. It is time for the Corporation to display its bonafides by approaching difficult areas. To begin with we direct that the area of Salimpur Ahra and Daldali to be cleaned not only by removing garbage, but also ensuring that no accumulation of drain water/sewerage water takes place in normal times with no rainfall. 7. On the next occasion the members of Bar may suggest another difficult area to us. It is also open for the Corporation to make suggestions with regard to the same. 8. While we have given directions to the Corporation the citizens of the capital are also expected to show equal sensitivity and awareness along with adequate civic responsibility by contributing their individual effort to curb the garbage menace. We may give further directions in this regard on the next date. 9. On the next date the Corporation must state on affidavit the total number of staff on its rolls on different posts and the total expenditure incurred for salary in the past four months, month-wise. We may give further directions in this regard on the next date. 9. On the next date the Corporation must state on affidavit the total number of staff on its rolls on different posts and the total expenditure incurred for salary in the past four months, month-wise. The Corporation shall also put on affidavit the number of vehicles which it has for removal of garbage, their types and the number of wheel carts etc. 10. List on the 16th of August, 2013.