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Viraj Khand Resident Welfare ... vs State Of U.P.,Thru. Prin. ...

High Court Of Judicature at Allahabad|18 August, 2021

JUDGMENT / ORDER

Hon'ble Ajai Kumar Srivastava-I,J.
Case called out. No one is present on behalf of the petitioners.
The prayers made in this writ petition are quoted herein below:-
"(i) issue a writ order or direction in the nature of MANDAMUS commanding the opposite parties to provide and ensure basic amenities like: proper water supply, developed park, water drainage system, local shops road and other facilities as per norms of the development authorities.
(ii) issue a writ order or direction in the nature of MANDAMUS commanding the opposite parties to remove all the illegal encroachments made by unknown and unidentified persons either on the road side or in the vacant plots.
(iii) issue a writ order or direction in the nature of MANDAMUS commanding the opposite parties to close all the water taps installed on the road by way puncturing the water supply lines by the illegal occupants/encroachers.
(iv) issue a writ order or direction in the nature of MANDAMUS commanding the opposite parties to provide and ensure the security of property and person of the resident of the area as per law and norms.
(v) issue a writ order or direction in the nature of MANDAMUS commanding the opposite parties to put/install the dustbins on different places of the locality, so that residents of the area could put the garbage of their house in the dustbin and garbage/waste of the house can be managed properly
(vi) issue a writ order or direction in the nature of MANDAMUS commanding the opposite parties to construct public utility place atleast near the parks."
From a perusal of the prayer clause, it appears that omnibus prayers have been made in the writ petition though, no specific details as to where basic amenities are not being provided, as to where illegal encroachment is in existence and as to where illegal water taps have been installed. The prayers made in the writ petition are omnibus in the sense that every single amenity, which the residents of the area may expect has been prayed for by filing this writ petition. Equally strange are the averments made in the counter affidavit, perusal of which would reveal as if the residents of Viraj Khand, Gomti Nagar do not lack even a single public amenity and the area is adequately being served by the Lucknow Development Authority. These issues in absence of any concrete, adequate and tangible pleadings cannot be gone into by this Court. However, this Court at the same time cannot shut its eyes to the civic amenities lacking in the city not only in Viraj Khand.
In view of the aforesaid circumstances, we dispose of this writ petition with the liberty to the petitioners to approach the Vice Chairman, Lucknow Development Authority to make an exhaustive application giving in detail the issues relating to lack of civic amenities and other amenities with specific details. Once, any such application under this order is made by the petitioners to the Vice Chairman, Lucknow Development Authority, he shall constitute a Committee comprising of responsible officers, who shall look into the grievances of the petitioners and take appropriate remedial action. The Committee shall regularly report to the Vice Chairman about the remedial measures which may be taken for redressal of the grievances of the petitioners in the area concerned. The Vice Chairman, Lucknow Development Authority shall monitor the measures which may be taken by the Committee on regular basis, say, bimonthly.
Order Date :- 18.8.2021 cks/-
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Title

Viraj Khand Resident Welfare ... vs State Of U.P.,Thru. Prin. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
18 August, 2021
Judges
  • Devendra Kumar Upadhyaya
  • Ajai Kumar Srivastava I