Kesar Vidyapeeth Inter College ... vs State Of U.P. And 4 Others
2013 Latest Caselaw 7517 ALL

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.

From the chart enclosed along with writ petition we find that a sum of Rs. 3.13 crores is spent every month towards payment of salaries of permanent Safai Karmcharis by Nagar Nigam. Another additional a sum of Rs. 38,31,000/- is spent on Safai Karamcharis working on contract basis and Safai Karmcharis engaged by out-sourcing. There is absolutely no material which could demonstrate as to who verifies and how these persons actually work and remove garbage collected of the City of Allahabad.

The Nagar Ayukta may also disclose the amount of diesel consumed on monthly basis for shifting  the garbage in the city of Allahabad and the steps adopted for ensuring that the diesel provided to the vehicles is actually used for the same purpose.

The Nagar Nigam shall also disclose on affidavit as to whether the entire waste plastic generated in the City of Allahabad is actually converted into waste material or not and what percentage of plastic waste is still used in land fill or for other purposes.

He may also examine the statutory provisions pertaining to disposal of plastic waste as prescribed under the Plastic Waste (Management and Handling) Rules, 2011.

The process of removal of encroachment from and over open drains, nalis and nalas and road pattries shall be carried on as per the time table disclosed to the Court by the next date.

We request to the District Magistrate and Senior Superintendent of Police, Allahabad to ensure that requisite number of police personnel are provided for the purpose so that law and order is maintained during the removal of encroachments.

The affidavit of the compliance filed by the ADA is taken on record. It is admitted that the removal of encroachment from the road pattri, drains etc. is behind schedule because of the non-availability of the police force on some days.  We provide that the work which has not been completed as per schedule must be so completed by the next date. We request the District Magistrate and Senior Superintendent of Police, Allahabad to ensure that all police help is provided for the purposes of removal of encroachments and there should be no complaint to this Court that because of the want of police help the unauthorised constructions could not be removed.

The report may be filed by the next date.

The Nagar Aayukt has informed that the decision has been taken to remove the garbage Adda near Naz Cinema and the same has been removed permanently.

List on 15th January, 2013.

Order Date :- 18.12.2013

Priyanka