Allahabad High Court
J.N. Chaturvedi, Advocate vs Commissioner/District Magistrate, ... on 11 October, 2000
Equivalent citations: 2000(4)AWC3385, (2000)3UPLBEC2113, AIR 2001 ALLAHABAD 148, 2001 ALL. L. J. 1207, 2001 (1) UPLBEC 154, 2000 (4) ALL WC 3385, 2000 (41) ALL LR 738, 2000 (4) ESC 2613
Bench: M. Katju, O. Bhatt
JUDGMENT
M. Katju and O. Bhatt, JJ.
1. A drainage system is an essential part of the lifeline of a City. Without a proper drainage system in a City, there are bound to be epidemics, diseases, water logging and other kinds of big problems.
2. Due to the rains which started from the evening of August 30, 2000 and continued for two or three days atleast one third, if not one half, of Allahabad City went under water, causing huge loss of property and other problems in the City. The City became like Venice, with boats plying on the streets. Lacs of citizens lost their household goods and suffered various kinds of damage and hardships. Thousands of houses were several feet under water and many citizens had to abandon their houses or to go on the first floor. If there was one. The miseries of the people of Allahabad were unimaginable.
3. Not only the City of Allahabad is facing such a problem but also a large number of other Cities in India were also facing the same. For instance the newspapers reported that many parts of Calcutta City were several feet under water and people were seen swimming on the streets there. Similarly in Ahmedabad City, many colonies including the Gujarat High Court Judges Colony were several feet under water. This is a ridiculous state of affairs. We read in our history books that 5000 to 6000 years ago in Harappa and Mohanjodaro Civilization, there was a proper drainage system, water supply system and town planning. It seems that instead of progressing after 5000 to 6000 years, we are going backward. This state of affairs will no longer be tolerated by this Court as it directly affects Article 21 of the Constitution of India that guarantees a dignified and civilized life to all citizens of India.
4. In our opinion, the time has come in this country when the problems have become so big that bureaucrats alone cannot solve them. Hence, the citizens must also be involved in solving their own problems. In a democracy, the people are supreme, and hence all authorities are accountable to the citizens. We had in this petition earlier set up a Committee by our order dated 4.9.2000 under the Chairmanship of Dr, R. S. Dwivedi a Senior Advocate of this Court and this Committee shall be known as the Allahabad Citizens Committee. The members of the Committee, which we appointed, are Advocates, because Lawyers are the most representative section of the people. However, we have permitted the Chairman of the Committee to co-opt other persons also at his discretion, so that this problem of water logging and supply of water can be permanently solved. No doubt, the Committee did hard work, interviewed a large number of citizens in the affected areas, discussed the problems with the officials and personally visited the affected areas. However, we are still not satisfied with the work done by the Committee.
5. We are informed that much of the problem of water logging was caused due to encroachment on the drains, and many people have built their constructions on the drains. We fail to understand how the Allahabad Development Authority permitted this and if it was done without its permission, then why did the Allahabad Development Authority not take steps for removing these encroachments. If these illegal encroachments on drains are not removed immediately, then the officials will be severely punished, and they better take heed to this- The monsoons will come every year and hence, if a proper drainage system is not erected the whole of Allahabad will go several feet under water every year. We are more concerned about the future so that this situation may not arise again.
6. The Committee is directed to take all steps and measures to ensure proper set up of water supply and drainage system in the City of Allahabad, and for this purpose the Committee is empowered to take all necessary steps and issue all necessary directions to the officials. We have already directed the State Government to give all financial aid for this purpose. We direct the Secretary, Urban Development Department U. P. Government as well as Principal Secretary, Finance. U. P. Government to appear before us on the next date fixed and they should also appear before the Committee to discuss these matters on a date intimated by the Chairman of the Committee, which should be prior to the next date fixed by this Court.
7. The Committee shall not only monitor the problems of water logging and water supply but also the other problems of Allahabad city, e.g., roads, electricity, hospitals and other civic amenities.
8. We direct that the Committee shall meet atleast once a fortnight as long as this writ petition is pending. The authorities will submit their progress reports to the Committee on each date. The Committee must submit its progress report to this Court on each date fixed by this Court. The authorities shall render accounts to the Committee about the money which has been received for these purposes and the Committee is empowered to investigate whether the account is correct or not and will introduce accountability amongst all officials.
9. The authorities institutions concerned shall prepare a blue print for the well coordinated and laid out drainage and water system within two months and submit the same to the aforesaid Committee. The Committee shall then examine the same with the aid of experts.
10. The Mayor of Allahabad, Dr. Rita Joshi, appeared personally before us and stated that funds were sanctioned by the Government for setting up a second water works in Allahabad at Karelabagh, but nothing has been done. The authorities will explain to the Committee why that has happened, and what steps have been taken in this connection.
11. Dr. R. S. Dwivedi, the Chairman of the Committee informs us that he has co-opted Sri. A. K. Jain. Vice-Chairman, Eastern U. P. Chamber of Commerce and Industry in the Committee. He can co-opt other members also.
12. List before us on December 11, 2000, on which date the authorities as well as the Finance and Urban Development Secretaries will be present before us.
13. Let copy of this order be issued to the Chairman of the Committee free of charge by tomorrow.