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2025 DAILYLAW 136424 (ALL)

VINAY KUMAR, ADVOCATE v. STATE OF U.P. THRU. SECY. URBAN DEVELOPMENT LKO. AND OTHERS

WRIC/4006/2025 · 2025-04-30

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24942-DB Court No. - 2 Case :- WRIT - C No. - 4006 of 2025 Petitioner :- Vinay Kumar, Advocate Respondent :- State Of U.P. Thru. Secy. Urban Development Lko. And Others Counsel for Petitioner :- Girish Chandra Verma,Gyanendra Mishra,Neetesh Kumar Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Vakalatnama filed on behalf of owpposite parties No. 2 to 4 by Shri Kunwar Dhananjay Singh, Advocate, is taken on record. 2. Heard. 3. The petitioner has moved an application before the Municipal Commissioner, Lucknow for ensuring cleanliness and hygiene in the vicinity wherein he resides, as, dirty water flowing from the houses situated in the area is collecting just in front of petitioner's house and there is no provision for its drainage. It leads to the possibility of an epidemic. 4. Learned Counsel for the Nagar Nigam Shri Kunwar Dhananjay Singh admits that village in question has been included in the municipal limits on 31.10.2022, although the petitioner's Counsel says that village in question is part of Ward No.3 since 2017 and now it is part of Ward No. 1. 5. Be that as it may, the statutory duties of the Municipal Corporation are delineated in the Municipal Corporation Act, 1959, which include cleanliness and hygiene in public places/public roads etc. 6. At this stage, learned Counsel for the petitioner invites our attention to the report submitted by the Municipal Corporation in response to the complaint under the I.G.R.S., wherein request of the petitioner for construction of a drain has been referred and an estimate is also said to have been prepared but lack of funds and lack of approval from the competent level has been mentioned as an impediment for undertaking to the said exercise. 7. Let the opposite party No.2 look into the matter and ensure that needful is done in compliance of the statutory obligation imposed upon the Corporation under the Act, 1959 positively within six weeks. 8. The writ petition is disposed of. 9. Shri Kunwar Dhananjay Singh, learned Counsel for the Nagar Nigam shall communicate our order to the opposite party no.2 for compliance. . (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 30.4.2025 Ajit Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench