Allahabad High Court
Kesar Vidyapeeth Inter College ... vs State Of U.P. And 4 Others on 2 December, 2013
Bench: Arun Tandon, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- WRIT - C No. - 41677 of 2013
Petitioner :- Kesar Vidyapeeth Inter College And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Praveen Kumar,Pradeep Kumar
Counsel for Respondent :- C.S.C.,S.D.Kautilya,Vivek Varma
Hon'ble Arun Tandon,J.
Hon'ble Anjani Kumar Mishra,J.
The affidavit filed by the Officer, Allahabad Development Authority is not to the satisfaction of the Court. It is not disclosed as to whether all the encroachments over the drains and road patries from the area mentioned in paragraph 3 have since been removed in their entirety or not. We had already observed in an earlier order that under Section 26 C of the Urban Planning & Development Act, it is the responsibility of the Allahabad Development Authority to remove all such encroachments over the drains failing which the concerned officials are liable to be prosecuted with lodging of a first information report. We therefore, direct the Vice-Chairman to personally visit all the areas from where the encroachments are removed and he shall file a personal affidavit categorically disclosing total length of the drains which have been cleared from encroachments and shall also indicate as to whether the area and locality where such work of removal of encroachments from drains/ Nallas and Road Pattries has been undertaken is complete in its entirety or not. If any encroachments have been left from being demolished, reasons for the same shall also be disclosed.
The Court has further been informed that 6th December, 2013 is the scheduled date for removal of the encroachments in and around the Kotwali area.
Let the time schedule to be adhered to in all strictness and Vice chairman in his affidavit to be filed by the next date shall indicate the removal of the encroachments in the said Kotwali area also.
The affidavit filed by the Nagar Aayukt, Allahabad reflects more of paper work having been done for the purposes of cleaning the garbage and its disposal rather than the exact amount of work actually performed.
The affidavit of the Municipal Commissioner, Nagar Nigam, Allahabad filed today indicates that 600 tones of MSW is generated in Allahabad city everyday which will work out to 18,000 tonnes a month. The chart furnished by Allahabad Waste Processing Ltd., copy where of is at page 24 of the affidavit, indicates that the maximum MSW lifted in a month is only about 14000 tones. This itself establishes that at least 400 tonnes of waste is not being lifted each month.
The affidavit is silent as to the steps, if any that are being taken for meeting this short fall. Further, the affidavit is totally silent as regards the steps being taken by the Nagar Nigam for disposal of plastic waste in accordance with the provisions of the Plastic Waste (Management and Handling) Rules 2011.
A better affidavit shall be filed by the respondent no. 2 by the next date addressing the points noticed about it. The affidavit shall also furnish the details of the additional hands engaged by the Nagar Nigam ward-wise along with the details of payments made to them.
Sri S.D. Kautilya, Advocate, who represents respondent nos. 2 and 3 has assured the Court, on the basis of instructions received, that the garbage collected in the area near Kesar Vidhyapeeth shall be removed completely by 9:00 am everyday.
Let the necessary be done accordingly.
It shall be the responsibility of the Nagar Aayukt, Allahabad to ensure that all the encroachments over Nalas and Nalis made in whatever manner are removed.
The personal affidavit of the Nagar Aayukt, Allahabad shall be filed by the next date i.e. 16.12.2013.
Put up on 16.12.2013.
Order Date :- 2.12.2013
Priyanka
