# Gulab Sokar v. Nagar Nigam, Allahabad and another

- **Citation:** (2007) 3 ILRA 839
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2007-09-05
- **Case number:** Civil Misc. Writ Petition No. 48806 of 2000
- **Bench:** V.M. Sahai, Rakesh Sharma
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/gulab-sokar-v-nagar-nigam-allahabad-and-another-41233
- **Pages:** 4

## Headnote

Constitution
of
India,
Art.
226reconstruction of shop-G.T. Road passing
through
Allahabad-even
after
the
demolition
by
P.W.D.-major
State
Highways
samples-narrow
bridges,
dangerous
curves
surface-pothole
cracked
cement,
collapsed
culvertsmissing sidewalks-death of 75 people
every year-courts expressed its great
concern-general mandamus issued to all
the concerned court can not allow to
perpetual illegalities-petition dismissed.

Held: Para 9

Under
the
above
compelling
circumstances, we are recording these
observations to be conveyed to the
concerned
authorities
like
Regional
officers of National Highways Authority
of
India
located
in
Uttar
Pradesh,
Engineer-in-Chief,
U.P.
Public
Works
Department,
Lucknow
and
other
concerned authorities. Learned standing
counsel shall send a copy of this
judgment
and
order
to
the
State
Government
and
National
Highways
Authority of India by communicating it
through
Dr.
Ashok
Nigam,
learned
840 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
Additional Solicitor General of India
pursuing the cases of Union of India.

## Text

3 All] Gulab Sokar V. Nagar Nigam, Allahabad and another
839
not only for the purposes of ensuring that
the rule of law applies equally to all as per
Article 14 of the Constitution of India
more so when public money is involved.

23. It is, therefore, provided that the
Director of Education shall exercise his
suo moto power under Section 16-E(10)
of the Intermediate Education Act and
shall
examine
the
legality
of
the
relaxation in the essential qualification
prescribed, as granted to Sri Nandan
Ballabh Pathak strictly in accordance with
law by means of a reasoned speaking
order after affording opportunity of
hearing to Sri Nandan Ballabh Pathak.
The aforesaid exercise may be completed
within four weeks from the date the
Standing Counsel communicate the order
passed today. In the facts of the case it is
further necessary to direct the Secretary,
Madhyamik Shiksha, U.P. Government to
examine the manner in which the
relaxation has been granted in favour of
Sri Nandan Ballabh Pathak, specifically
the issue of non-consideration of the
provisions of Section 16-E(3) read with
the Government Order dated 16th March,
1979. If it is found that there has been
deliberate disregard to the provisions as
well as the Government Order applicable,
the
officers
responsible
should
be
proceeded with departmentally.

24. Writ petition is dismissed
subject to the observations made above.

25. The original records produced
by the Standing Counsel be returned to
the Standing Counsel by the Bench
Secretary.

 Petition dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 05.09.2007

BEFORE
THE HON'BLE V.M. SAHAI, J.
THE HON'BLE RAKESH SHARMA, J.

Civil Misc. Writ Petition No. 48806 of 2000

Gulab Sonkar

...Petitioner
Versus
Nagar Nigam, Allahabad and another

 ...Respondents

Counsel for the Petitioner:
Sri V.P. Varshney

Counsel for the Respondents:
Sri Syed Atiq Ahmad
S.C.

Constitution
of
India,
Art.
226reconstruction of shop-G.T. Road passing
through
Allahabad-even
after
the
demolition
by
P.W.D.-major
State
Highways
samples-narrow
bridges,
dangerous
curves
surface-pothole
cracked
cement,
collapsed
culvertsmissing sidewalks-death of 75 people
every year-courts expressed its great
concern-general mandamus issued to all
the concerned court can not allow to
perpetual illegalities-petition dismissed.

Held: Para 9

Under
the
above
compelling
circumstances, we are recording these
observations to be conveyed to the
concerned
authorities
like
Regional
officers of National Highways Authority
of
India
located
in
Uttar
Pradesh,
Engineer-in-Chief,
U.P.
Public
Works
Department,
Lucknow
and
other
concerned authorities. Learned standing
counsel shall send a copy of this
judgment
and
order
to
the
State
Government
and
National
Highways
Authority of India by communicating it
through
Dr.
Ashok
Nigam,
learned
840 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
Additional Solicitor General of India
pursuing the cases of Union of India.

(Delivered by Hon'ble V.M. Sahai, J.)

1. We have heard Sri V.P.Varshney,
learned counsel for the petitioner and
learned standing counsel appearing for the
respondents and perused the record.

2. The petitioner has approached this
court seeking a writ of mandamus
commanding the respondents to allow the
petitioner to re-construct his shop on main
Grand Trunk Road passing through
Allahabad city. This shop was demolished
in anti encroachment drive carried out on
G.T. Road in Allahabad. It emerges from
the record that the House no. 3 Ka/1,
Karbala, Allahabad is registered as a
residential house in the municipal records.
The map/plan of the said accommodation
was sanctioned as a residential house not
for commercial purposes like constructing
a shop therein.

3. It has further born out from the
record that no shop was permitted to be
constructed by the appropriate authorities
in the residential house. It has been
indicated in the counter affidavit that the
house tax was assessed for a residential
house and not for the shop. The petitioner
was running his business from the shop
which
was
illegally
constructed
encroaching upon the main Grand Trunk
Road. The appropriate authorities of
Public
Works
Department,
not
of
Allahabad
Nagar
Nigam,
in
anti
encroachment drive, had demolished the
aforesaid shop. Even under section 3 of
the U.P. State Roadside Land Control
Act, no body is permitted to raise any
construction up to 220 feet from the
centre line of the road on either side. No
encroachment is permitted under the
relevant law on the highways, pavements,
footpaths or on the boundary of the road
and khadanja. Admittedly, the petitioner's
alleged shop, an illegal encroachment, on
the high way as per the version of the
respondents in the counter affidavit, has
already
been
demolished
by
the
respondents. The petitioner has tried to
get the status quo ante restored by filing
this writ petition to allow the petitioner to
re-construct his shop on the same site i.e.
Grand Trunk Road. Such a writ can only
be issued when the petitioner establishes
that he has a legal right to raise
construction of a shop on the National
High Way i.e. Grand Trunk Road passing
through the busy city of Allahabad. None
of the elements, for issuance of a writ of
mandamus, is present in this petition.
Accordingly no direction can be issued to
the petitioner to re-construct his shop on
the main Grand Trunk Road in violation
of law, therefore, the writ petition is liable
to be dismissed.

4. We have taken note of the fact
that large scale encroachments have been
made on the National Highways and the
State High Ways of Uttar Pradesh. The
main High Ways passing through towns,
cities and villages have been encroached
by people by putting stalls (gumti,
khokha) and kiosks. Temporary structures
have been raised. The markets are held
just close to busy highways causing
obstruction. For example the High Way
connecting Lucknow to Allahabad (205
kms.) has been encroached upon by the
shop keepers etc. at more than 40 places.
Most part of the road looks like an
extended
market,
bazar.
Road
users/drivers have to negotiate these
points wasting 5 to 10 minutes at each
place while performing road journey from
3 All] Gulab Sokar V. Nagar Nigam, Allahabad and another
841
Allahabad
to
Lucknow.
Allahabad
Varanasi high way has also become a
difficult zone to traverse. It is harassing
for a driver to negotiate this small
distance. Uttar Pradesh is the second
largest State having poor roads. It appears
that no action is being taken by the
concerned authorities of Public Works
Department,
Nagar
Palikas,
Nagar
Nigams and Regional National Highways
Authority of India to keep the highways
encroachment free.

5. Even the police does not take any
action for which they are empowered
under the Indian Penal Code, Criminal
Procedure Code for removing nuisance
from the roads, streets under their police
stations. Effective measures are to be
taken for removing these encroachments.
Provisions of the Road Side Land Control
Act are to be strictly followed and
implemented. The traffic has increased
manifold, but the motorable surface of the
road available for the use of vehicle
drivers has shrinked. The concerned must
conduct a detailed survey of the highways
of the State.

6. Newspaper reports show that one
full
month
Kanwarias
occupy
the
highways in western and eastern Uttar
Pradesh.
After
occurrence
of
road
accidents people take law in their hands,
the vehicles are openly damaged and
sometimes burnt on the roads by frenzied
mobs and hooligans. There are several
instances which are published in the
newspapers that kanwarias virtually rule
the Highways for about a month in
'Shrawan' stopping the traffic on the main
roads like Delhi- Haryana, AllahabadVaranasi and other parts of the country.
Similarly one can find mushroom growth
of religious places, temples and mazars on
the roadside. Sometimes even a simple
'peepal' tree is converted to a place of
worship
after
putting
symbols
just
because it has grown on the side of the
road. The road side eateries, restaurants
and dhabas can be located away from the
road.

7. We found that even after sixty
years of independence, our national
highways and major state highways are in
a shambles; narrow bridges; dangerous
curves; abraded surface; potholes, cracked
cement;
collapsed
culverts;
bulging
parapets, uneven or missing sidewalks,
bumps and caving, poor or absent
lighting. In the global village a nation is
judged by the roads it keeps. It can not
pretend to have both ways; bad roads and
prosperity in case of India specially Uttar
Pradesh the most populous region of the
country.
Under
the
present
road
conditions, India suffers losses worth
hundreds of crores of rupees in terms of
economy, damage to vehicles and the
environment. One factor that made India
quickly loose the war with China in the
1960s was the lack of roads in the
Himalayas. According to some reports
nearly 75,000 Indians are killed in road
accidents every year. Most of these deaths
occur in Uttar Pradesh. Countless persons
and
families
are
ruined.
The
transportation by trucks, buses and private
vehicles has now become difficult to be
undertaken.

8. Travellers while touring Uttar
Pradesh see here a tragedy no less
grievous. It is the deplorable condition of
the
Highways
from
Ghaziabad
to
Ghazipur and from Lalitpur to Pilibhit.
Bad roads, difficult adverse travelling
conditions in Uttar Pradesh has darkened
its reputation of a land most favoured
842 INDIAN LAW REPORTS ALLAHABAD SERIES [2007
destination for tourists and pilgrims, the
land of Rama, Krishna and Gautam.

9. Under the above compelling
circumstances, we are recording these
observations to be conveyed to the
concerned
authorities
like
Regional
officers of National Highways Authority
of India located in Uttar Pradesh,
Engineer-in-Chief, U.P. Public Works
Department,
Lucknow
and
other
concerned authorities. Learned standing
counsel shall send a copy of this judgment
and order to the State Government and
National Highways Authority of India by
communicating it through Dr. Ashok
Nigam,
learned
Additional
Solicitor
General of India pursuing the cases of
Union of India.

Subject to the observations made
above, the writ petition is dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 14.09.2007

BEFORE
THE HON'BLE D.P. SINGH, J.

Civil Misc. Writ Petition No. 2686 of 1989
Connected with
Civil Misc. Writ Petition No.4602 of 1989

Kailash Chandra Tiwari
...Petitioner
Versus
IInd Additional District Judge, Allahabad

 ...Respondents

Counsel for the Petitioner:
Sri K.N. Tripathi
Sri Prabhat Tripathi
Sri G.S. Dwivedi
Sri S. Chatterji

Counsel for the Respondents:
Sri Govind Saran
S.C.

Payment of Wages 1936-Section-15 (2)-
claim
of
wages
for
the period
of
unauthorise
absence-after
Transfer
petitioner
instead
of
joining
at
transferred place-remained absent from
20.08.81 to 08.10.94-unless the leave
sanctioned-not
entitled
for
wages
prescribed authority as well as appellate
authority ignored this aspect during
illness period he was found roaming in
the
office-apparently
making
false
application-held-appellate
authority
cannot usurp the power of managementdeduction
in
accordance
with
the
provisions
of
Act-application
not
maintainable.

Held: Para 8

The authority under the relevant service
rules would be empowered to pass order
either treat the absence as leave with or
without pay on the principles of no work,
no pay. But neither the Prescribed
Authority or its appellate authority under
the Act cannot usurp the power of the
Management. Unless there was an order
regularizing or condoning the absence of
the employee, the deduction was fully
covered by the provisions of the Act and
therefore the application under section
15(2) of the Act was not maintainable.

(Delivered by Hon'ble D.P. Singh, J.)

1. Heard counsel for the petitioner and
Sri Govind Saran for the contesting
respondent.

2. The petitioner was employed as a
clerk
in
the
respondent
Railway
Establishment and was posted as Head
Clerk within the jurisdiction of the
Divisional Railway Manager, Allahabad in
the Electrical Department when he was
transferred on 20.8.1981 to the office of
Senior
Foreman
(Train
Lighting)
in
Allahabad itself. He did not join at the