Research › Search › Judgment

Allahabad High Court · body

2018 DIGILAW 1222 (ALL)

RAJU NURSERY v. STATE OF U. P.

2018-05-16

ABHAI KUMAR, ABHINAVA UPADHYA

body2018
JUDGMENT By the Court.—Heard Shri Dinesh Kacker, learned counsel appearing for the petitioners; Dr. Y.K. Srivastava, learned counsel appearing for the respondent Nos. 2 and 3; learned Standing Counsel appearing for the respondent No. 1 and Shri S.D. Kautilya, learned counsel represents the respondent No. 4-Nagar Nigam, Allahabad. 2. By means of this writ petition the petitioners have prayed for quashing of the notice dated 6.2.2018 issued by the Nagar Nigam, Allahabad directing for reallocation of their nurseries at different site. 3. All the petitioners herein have established flower and plant nurseries on the roadside of the Mahatma Gandhi Marg, Allahabad. In view of the ongoing derive of the beautification of the city and widening of roads for smooth flow of traffic in view of the upcoming Kumbh Mela, they have been asked to reallocate their nurseries at an alternative site earmarked by the Nagar Nigam, Allahabad. 4. It is to be noted that in a Public Interest Litigation (PIL) No. 4003 of 2006 (Ganga Pollution v. State of U.P. and others) this Court pronounced a judgment dated 23.9.2013. The said judgment is filed as Annexure 2 to the writ petition. While deciding a large number of issues with regard to Ganga Pollution this Court also dealt with the nurseries established on the Mahatma Gandhi Marg. While approving the plan of maintenance of green belt in the city of Allahabad it also dealt with the issues regarding the nursery owners who had established the nurseries on both sides of Mahatma Gandhi Marg, Allahabad, this Court held that “road patries (side pavement) should not be occupied or encroached by anyone including the nurseries. For the smooth traffic our road patries have to be cleared from encroachment including the encroachment by nursery, if any”. It further held that “this order has to be read as directing the removal of all encroachments including the removal of all nurseries from the road patry, but after road patry if there are sufficient space, nurseries may be established. However, for maintaining the greenery according to green belt development plan of the Nagar Nigam, if the nurseries have to be shifted to some other place, reasonable time be allowed to them”. However, for maintaining the greenery according to green belt development plan of the Nagar Nigam, if the nurseries have to be shifted to some other place, reasonable time be allowed to them”. The Division Bench then went to hold that “we are approving the green belt development plan submitted by the Nagar Nigam, Allahabad and direct the Nagar Nigam, Allahabad to maintain the green belt development plan as per its plan and implement the same and while implementing the said plan the existing nurseries which are running on in the open area are required to be shifted, they be allowed reasonable time say about 2 months to shift at appropriate place after due allotment”. 5. Shri Dinesh Kacker, learned counsel appearing for the nursery owners submits that even after implementation of the green belt development plan there is sufficient place alongwith roadsides on Mahatma Gandhi Marg where these nurseries can continue, which is also helpful in reducing the dust particles in the city atmosphere. 6. It is further submitted that pursuant to the notice impugned dated 6.2.2018, the reallocation of the nurseries on the other side of river Ganga in Phaphamau is very expensive and is not viable and violates the judgment of the Division Bench passed in the aforesaid P.I.L. 7. Dr. Y.K. Srivastava, learned counsel appearing for the respondent Nos. 2 and 3 submits that after the pronouncement of the judgment in the aforesaid P.I.L. all the allotment orders granted to the nursery owners were cancelled. Only one petitioner, namely petitioner No. 1, was given a fresh allotment with a stipulation that if need so arises they will have to vacate the area within a week’s notice. All the other petitioners are squatting on the land without any allotment order. He further submits that in view of the judgment in the P.I.L. the period of notice has been extended to a month and an arrangement has been made for reallocation of these nurseries near Shantipuram Housing Colony across the Ganga near Basna Nala. He further submits that due to the upcoming Kumbh Mela in 2019 large number of pilgrims would come to the city and for steady flow of traffic and beautification of the city, widening of the road is being undertaken on war footing. He further submits that due to the upcoming Kumbh Mela in 2019 large number of pilgrims would come to the city and for steady flow of traffic and beautification of the city, widening of the road is being undertaken on war footing. So far as the petitioners are concerned, from Tulsi Chauraha near Hanuman Mandir, Civil Lines on Mahatma Gandhi Marg upto the C.M.P. Degree College, road has to be widened and after implementation of the green belt development plan, as approved by the Division Bench of this Court, no space remains for establishment of such nurseries on the either side of the Mahatma Gandhi Marg. Although except petitioner No. 1 the rest of the petitioners are illegally occupying the public land, yet in view of the judgment an alternative site has been provided for establishment of their nurseries across the Ganga Near Shantipuram which if the petitioners so desire can move their establishment there. 8. We have considered the submissions of Shri Dinesh Kacker, learned counsel for the petitioners and Dr. Y.K. Srivastava, learned counsel for the respondents. 9. In our considered view after the judgment in the aforesaid P.I.L. pronounced in 2013, the petitioners ought to have removed their nurseries by now, but for some reason have continued to occupy the space over which they have absolutely no right and they must immediately remove their effects from the roadside in question. They are a hindrance in the road widening plan of the Mahatma Gandhi Marg. It is imperative that no person can be allowed to encroach upon the public land and widening of road being in public interest cannot in any manner be interfered with. While keeping in mind the interest of these nursery owners who have been there for a considerable long period, it is undoubtedly true that establishment of nurseries do give green cover to bare earth and is also environment friendly. As such, it would be appropriate to direct the Allahabad Development Authority, Authorities of the Nagar Nigam, Allahabad as well as the District Authorities to hold a meeting and invite the petitioners and take their suggestions and if possible may make an alternative arrangement apart from what they have already decided, i.e. Basna Nala near Shantipuram Housing Colony. As such, it would be appropriate to direct the Allahabad Development Authority, Authorities of the Nagar Nigam, Allahabad as well as the District Authorities to hold a meeting and invite the petitioners and take their suggestions and if possible may make an alternative arrangement apart from what they have already decided, i.e. Basna Nala near Shantipuram Housing Colony. But such deliberation for alternative space would not entitle the petitioners to continue occupation over the roadside land and they are directed to vacate the current premises under all circumstances not later than 27th of May, 2018. The District Authorities will hold a meeting, as directed above, for the nursery owners not later than a fortnight. 10. With the aforesaid direction, the writ petition is disposed of.