Allahabad High Court
Dr. (Mrs.) Lakshmi Narsu Seth And ... vs State Of U.P. And Others on 10 December, 2014
Bench: Rajes Kumar, Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - C No. - 37934 of 2009
Petitioner :- Dr. (Mrs.) Lakshmi Narsu Seth And Others
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- Manish Goyal
Counsel for Respondent :- C.S.C.,Anil Tiwari,I.P.Srivastava,M.K. Kushwaha,Y.S. Sachan
Hon'ble Rajes Kumar,J.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and Sri Pankaj Rai, learned Additional Chief Standing Counsel, appearing on behalf of respondent no. 1 and 2. Respondent nos. 3 and 4 are represented by Sri M.K. Kushwaha, Advocate.
It appears that under the Government Order dated 29.3.2008 a scheme has been sanctioned to construct over bridge on Tarang Road, Humayunpur Road, Ali Nagar North, Gorakhpur for which necessary budget has also been sanctioned. In pursuance thereof, the construction of over bridge has been started. It is informed that the bridge has now been fully constructed and is in operation. The petitioners are the residents of nereby place and have their commercial establishments.
The grievance of the petitioners is that due to the construction of over bridge their egress and ingress has been completely blocked; the vehicle cannot be plied; area is commercial where there are number of commercial establishments; their establishments are quite old and duly sanctioned by the authorities; they have a right to live and carry on their business for which they need a wide road on both sides of bridge in front of their establishment for movement of vehicles, etc; various photographs have been filed to demonstrate that the construction has been made without making any proper provision for the side road on both sides of the over bridge for the egress and ingress and proper movement of vehicles.
We find from the letter dated 2.2.2009, written by the U.P. Bridge Corporation Limited to the District Magistrate, Gorakhpur, which is Annexure-6 to the writ petition, that for the construction of the service road, proceeding is being taken up by the Nagar Nigam, Gorakhpur for the acquisition of the land. From the letter dated 12.2.2009, written by the Nagar Ayukt Nagar Nigam Gorakhpur to the respondent no. 4, it transpires that the Nagar Ayukt has stated that the responsibility of the development of the city is upon the Gorakhpur Development Authority, Gorakhpur and, therefore, for the availability of the land for the construction of the side road they may approach to the Gorakhpur Development Authority. It appears that the Gorakhpur Development Authority has not taken any steps for acquisition of the land for the construction of the side road as they claim that the map for the construction of the bridge has not been sanctioned by them.
In the present writ petition, the petitioners have challenged the construction of the bridge on various grounds. The construction of the bridge is completed. Therefore, instead of examining the validity of construction of bridge, it would be appropriate to address the actual grievance of the petitioners and the residents of the area which has arisen due to construction of bridge.
We are of the view that when the construction of over bridge has been proposed a provision of the side road on both sides of the bridge must have been proposed. In case if it was not proposed it is a serious lapse and has to be addressed. We are of the view that there must be side road on both sides of the bridge for the movement of the vehicles and people enlarge. Since three departments, namely, Public Works Department, Urban Development Department and Local Bodies are involved in this matter and nobody is coming forward in taking steps to solve the problem of the petitioners and the residents of the area, we direct the Chief Secretary, U.P. Government to look into the matter and constitute a committee of all the three departments, namely, Public Works, Development, Urban Development Department and Local Bodies represented by their Secretary, and headed by a Secretary not below the rank of Principal Secretary, to address the grievance of the petitioner and to take the necessary steps for the construction of the side roads of a sufficient size to facilitate the movement of the vehicles and egress and ingress to the residents and public enlarge.
Sri Pankaj Rai, learned Additional Chief Standing Counsel is directed to serve the copy of this order upon the Chief Secretary, U.P. Government. The Chief Secretary is directed to constitute a Committee, as directed above, within two weeks, and such Committee is directed to formulate the scheme and take necessary steps for the construction of side road within another period of four weeks. The progress report of the matter may be submitted before this Court by the learned Additional Chief Standing Counsel by the next date.
List on 2.2.2015
Order Date :- 10.12.2014/OP
