Swami Viveka Nand Samajik Utthan Samiti v. State of U. P.
2016-03-04
D.Y.CHANDRACHUD, YASHWANT VARMA
body2016
DigiLaw.ai
JUDGMENT 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.