Neutral Citation No. - 2025:AHC:19345-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 270 of 2025 Petitioner :- Mohammad Tahir Hasan and 9 others Respondent :- State Of U.P. and 3 others Counsel for Petitioner :- Anwar Hussain Counsel for Respondent :- C.S.C., Shyam Mani Shukla, Rajiv Singh (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This writ petition purportedly in public interest has been filed seeking a restrain on the Nagar Nigam, Moradabad from making construction of one meter drain on the 16 feet wide road passing in front of the houses of the petitioners situated in Diamond Colony, Karula, in front of Das Sarai Police Chowki, Ward No.43, P.S. Katghar, District Moradabad. 2. Submissions have been made that already a drain exists, which is not properly cleaned and on account of certain encroachments over the said drain, its capacity has been reduced and the respondents instead of cleaning the said drain/removing the encroachments are seeking to construct a new drain which is not justified. 3. Instructions have been produced inter alia indicating that the colony in question is situated on the low land compared to the existing population on account of which the rain water gets collected resulting in the residents requiring to use a boat for ingress and egress and the corporation is required to set up mud pumps for the purpose of draining of the water. The capacity of the old drain is too low and its size has been reduced and therefore, an alternative drain is required. Submissions have been made that after giving of the contract, markings have been made for the purpose of construction of the drain. However, the residents are opposing the same. It is indicated that the petition is not in public interest but in personal interest. 4. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 5. The fact that a drain exists despite that corporation for the reasons indicated i.e. the collection of the rain water during the rainy season resulting in great inconvenience to the residents so much so that they have to use boats for the ingress and egress from the colony, the planning of constructing a new drain cannot be faulted. Plea raised that the existing drain can be cleaned and the encroachment therein can be removed, despite the fact that the said aspect is also available to the respondents, the raising of construction of totally a new drain keeping in view the requirements, cannot be objected by the petitioners. 6. In that view of the matter, we do not find any reason to pass any order as prayed in the petition. The same is, therefore, dismissed. However, it would be open for the respondents, to continue to clean the existing drain as well. Order Date :- 10.2.2025 RK/Atul (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad