# J.N. Chaturvedi, Advocate v. Commissioner/D.M., Allahabad U.P., & others

- **Citation:** (2001) 1 ILRA 77
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2000-09-04
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/j-n-chaturvedi-advocate-v-commissioner-d-m-allahabad-u-p-others-39632
- **Pages:** 4

## Text

1All] J.N. Chaturvedi, Advocate V. Commissioner/D.M., Allahabad U.P., & others
77
Court in Chief Commissioner of Ajmer
Vs. Radhey shyam Dani, AIR 1957 SC
304. This cases relates to election to
Ajmer Muncipal Committee which was
governed
by
Ajmer
Merwara
Muncipalities Regulation 1925, which has
not been produced before us. The facts of
the case show that the writ petition had
been filed challenging the order of the
Electoral Registration officer by which an
application for rectification of the mistake
in parliamentary electoral roll had been
rejected. In a writ petition challenging the
said order the Judicial Commissioner,
Ajmer, restrained the District Magistrate
from holding the elections and poll to the
Ajmer
Municipality
Committee.
The
question of election being challenged on
the ground of some error or mistake in the
electoral roll, therefore, did not arise for
consideration in the said case. We fail to
see as to how this decision can be of any
assistance to the petitioner.

16. For the reasons mentioned
above, we find no merit in the writ
petition
which
s
hereby
dismissed
summarily at the admission stage.

Petition Dismissed.

25,*,1$/ -85,6',&7,21
25,*,1$/ -85,6',&7,21
&,9,/ 6,'(
&,9,/ 6,'(
'$7(
'$7(' $//$+$%$'
' $//$+$%$'
%()25(
%()25(
7+( +21·%/( 0 .$7-8 -
7+( +21·%/( 0 .$7-8 -
7+( +21·%/( 21.$5(6+:$5 %+$77 -
7+( +21·%/( 21.$5(6+:$5 %+$77 -

&LYLO 0LVF :ULW 3HWLWLRQ 1R RI

-1 &KDWXUYHGL $GYRFDWH +LJK &RXUW
$OODKDEDG 52 % (OJLQ 5RDG &LYLO
/LQHV $OODKDEDG
«3HWLWLRQHU
9HUVXV
&RPPLVVLRQHU
$OODKDEDG
'LVWULFW
0DJLVWUDWH $OODKDEDG DQG 2WKHUV
«5HVSRQGHQWV

&RXQVHO IRU WKH 3HWLWLRQHU
6KUL 5DKXO &KDWXUYHGL
&RXQVHO IRU WKH 5HVSRQGHQWV
6KUL 91 6ULYDVWDYD
6&

&RQVWLWXWLRQ RI ,QGLD $UWLFOH 1HHG
RI SURSHU UDLQ DJH V\VWHP HVVHQWLDO SDUW
RI OLIH OLQH RI FLW\ RQO\ WKH EXUHDXFUDWV
DORQH FDQQRW VROYH WKHVH SUREOHPV WKH
FLWL]HQ
PXVW
DOVR
LQYROYHG+LJK
OHYHO
&RPPLWWHH FRQVWLWXWHG DGYRFDWHV EHLQJ
UHVSHFWDEOH VHFWLRQ RI SHRSOH QRPLQDWHG
FKDLUPDQ
DQG
WKH
PHPEHUV
RI
WKH
6RFLHW\
+HOG
,Q RXU RSLQLRQ WKH WLPH KDV FRPH LQ WKLV
FRXQW\ ZKHQ WKH SUREOHPV KDYH EHFRPH
VR ELJ WKDW EXUHDXFUDWV DORQH FDQQRW
VROYH WKHP +HQFH WKH FLWL]HQV PXVW DOVR
EH
LQYROYHG
LQ
VROYLQJ
WKHLU
RZQ
SUREOHPV
,Q D GHPRFUDF\ WKH SHRSOH
DUH VXSUHPH DQG KHQFH DOO DXWKRULWLHV
DUH DFFRXQWDEOH WR WKH FLWL]HQV :H KDG
LQ WKLV SHWLWLRQ HDUOLHU VHW XS FRPPLWWHH
E\ RXU RUGHU GDWHG XQGHU WKH
FKDLUPDQVKLS RI 'U 56 'ZLYHGL 6HQLRU
D
$GYRFDWH
RI
WKLV
&RXUW
DQG
WKLV
&RPPLWWHH
6KDOO
EH
NQRZQ
DV
WKH
$OODKDEDG
&LWL]HQV
&RPPLWWHH
7KH
78 INDIAN LAW REPORTS ALLAHABAD SERIES [2001
PHPEHUV RI WKH &RPPLWWHH :KLFK ZH
DSSRLQWHG DUH DGYRFDWH EHFDXVH /DZ\HUV
DUH WKH PRVW UHSUHVHQWDWLYH VHFWLRQ RI
WKH
SHRSOH
+RZHYHU
:H
KDYH
SHUPLWWHG
WKH
&KDLUPDQ
RI
WKH
&RPPLWWHH WR FRRSW RWKHU SHUVRQV DOVR
DW KLV GLVFUHWLRQ VR WKDW WKLV SUREOHP RI
ZDWHU ORJJLQJ DQG VXSSO\ RI ZDWHU FDQ
EH SHUPDQHQWO\ 6ROYHG 1R GRXEW WKDW
&RPPLWWHH GLG KDUG ZRUN 3DUD
By the Court

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 30th August 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 house were
several feel under water 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
member 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 Gujrat
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 Civillization 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.
1All] J.N. Chaturvedi, Advocate V. Commissioner/D.M., Allahabad U.P., & others
79
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 beed 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 of ensure proper
set up of water supply and drainage
system in the City of Allahabad, and for
this purpose the Committee is empowered
of to take all necessary steps and issue all
necessary directions to the official. 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 at least once a fortnight as long
as this writ petition is pending. 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 is empowered
to investigate whether the account is
correct
or
not
will
introduce
accountability amongst all officials.

9. The authorities concerned shall
prepare a blue 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.

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.

Dr. R.S. Dwivedi the Chairman of
the Committee informs us that he has coopted Sri A.K. Jain, Vice Chairman,
Eastern U.P. Chamber of Commerce and
Industry in the Committee. He can co-opt
another members also.

List before us on 11th December
2000, on which date the authorities as
well
as
the
Finance
and
Urban
Development Secretaries will be present
before us.
80 INDIAN LAW REPORTS ALLAHABAD SERIES [2001

Let Copy of this order be issued to
the Chairman of the Committee free of
charge by tomorrow.

25,*,1$/ -85,6',&7,21
25,*,1$/ -85,6',&7,21
&,9,/
&,9,/ 6,'(
6,'(
'$7(' $//$+$%$' 6(37(0%(5
'$7(' $//$+$%$' 6(37(0%(5

%()25(
%()25(
7+( +21·%/( 5+ =$,', -
7+( +21·%/( 5+ =$,', -

&LYLO 0LVF :ULW 3HWLWLRQ 1R RI
+HHUD /DO $JDUZDO DQRWKHU 3HWLWLRQHUV
9HUVXV
,, $GGLWLRQDO 'LVWULFW -XGJH )DUUXNKDEDG
 2WKHUV
«5HVSRQGHQWV.

&RXQVHOV IRU WKH 3HWLWLRQHUV
6KUL $WXO 'D\DO
6KUL .0 'D\DO
&RXQVHOV IRU WKH 5HVSRQGHQWV
6&
6KUL *5 -DLQ

83
8UEDQ
%XLOGLQJV
5HJXODWLRQ
RI
OHWWLQJ 5HQW DQG (YLFWLRQ $FW
6V D DQG 6 5HOHDVH
DSSOLFDWLRQ
5HMHFWLRQ
E\
SUHVFULEHG
$XWKRULW\
$SSHDO
DOORZHG
ZLWKRXW
PHHWLQJ UHDVRQV DQG ILQGLQJV UHFRUGHG
E\ SUHVFULEHG DXWKRULW\ DSSHOODWH RUGHU
VHWD VLGH $SSHDO 6FRSH
+HOG3DUD DQG
,Q
WKH
SUHVHQW
FDVH
WKH
$SSHOODWH
$XWKRULW\ DIWHU
VWDWLQJ
WKH IDFWV
DQG
VRPH
RI WKH ILQGLQJV
UHFRUGHG
E\ WKH
SUHVFULEHG $XWKRULW\
ZKLOH H[DPLQLQJ
WKH TXHVWLRQV RI ERQDILGH DQG JHQXLQH
QHHG UHFRUGHG LWV RZQ ILQGLQJV LW DOVR
UHIHUUHG WR FHUWDLQ GHFLVLRQV RI WKLV FRXUW
DQG DEUXSWO\ UHDFKHG WKH FRQFOXVLRQ WKDW
WKH
SUHVFULEHG
$XWKRULW\
&RPPLWWHG
PLVWDNH LQ DQDO\]LQJ WKH IDFWV DQG /DZ
DQG WKDW
WKH DSSHDO KDG IRUFH DQG ZDV
OLDEOH WR EH
DOORZHG ZLWKRXW
FULWLFDOO\
H[DPLQLQJ
WKH ILQGLQJV DQG ZLWKRXW
PHHWLQJ
UHDVRQV
UHFRUGHG
E\
WKH
SUHVFULEHG $XWKRULW\
,W
PD\
DOVR
EH
QRWLFHG
WKDW
WKH
SUHVFULEHG $XWKRULW\ KDV UHFRUGHG D FOHDU
DQG FDWHJRULFDO ILQGLQJ RQ WKH TXHVWLRQ
RI FRPSDUDWLYH KDUGVKLS LQ IDYRXU RI WKH
SHWLWLRQHU
7KH $SSHOODWH $XWKRULW\ GLG
QRW
UHYHUVH
WKH
VDLG
ILQGLQJ
LQ
DFFRUGDQFH ZLWK ODZ OHJDOO\ ZLWKRXW
UHYHUVLQJ
WKH
VDLG
ILQGLQJ
WKH
MXGJHPHQW
DQG
RUGHU
SDVVHG
E\
WKH
SUHVFULEHG
DXWKRULW\
FRXOG
QRW
EH
UHYHUVHG WKHUHIRUH WKH MXGJHPHQW DQG
RUGHU SDVVHG E\ WKH $SSHOODWH $XWKRULW\
LV EDG LQ ODZ MXGJLQJ IURP WKH VDLG DQJOH
&DVHV /DZ GLVFXVVHG
 $5&
 $5&
 $5&
 $5&
 $5&
$,5 6&
 $5&
 835&&
 $5&

By the Court

1. By means of this filed under
Article 226 of the Constitution of India,
petitioner prays for issuance of a writ,
order or direction in the nature of
certiorari quashing the judgment and
order dated 25.11.1997 passed by the
Appellate Authority allowing the appeal
and setting aside the judgement and order
dated 25.11.1997 passed by the appellate
Authority allowing the appeal and setting
aside the judgement and order dated
30.08.1996 passed by the prescribed
Authority in the proceeding under section
21 (1 ) (a) of the U.P. Urban Buildings (
Regulation of letting, Rent and Eviction )
Act 1972 ( U.P. Act No. XIII of 1972),
for short the Act.