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2025 DAILYLAW 190413 (ALL)

JAI RAM SHUKLA v. STATE OF U.P. THRU PRIN.SECY.PANCHAYATI RAJ DEPTT. and ORS.

WPIL/30670/2016 · 2025-11-17

Rajan Roy, Rajeev Bharti

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 30670 of 2016 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Heard. 2. This petition was filed in public interest in 2016 seeking the following reliefs:- "I. issue a writ, order or direction in the nature of Certiorari quashing the Government Order dated 2.12.2016 issued by the opposite party No.1, contained in Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to provide alternative arrangement of boats, Pantoon Bridges, Udan Bridges, Temporary Bridges, approach road, Utrai places and ferry services for the public with proper safety and security from the State Exchequer as per the Northern India Ferries Act, 1878. III. Such any other order or direction under the circumstances of the case also be passed in favour of the petitioner. IV. Allow the petition of the petitioner with costs." 3. On 03.05.2024 we had passed the following orders:- "1. Heard Shri Brijesh Kumar Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. 2. Learned counsel for the petitioner proposes to file list in response to Para 2 of our order dated 26.4.2024. Versus Counsel for Petitioner(s) : Brijesh Kumar Singh Counsel for Respondent(s) : C.S.C. Jai Ram Shukla .....Petitioner(s) State Of U.P. Thru Prin.Secy.Panchayati Raj Deptt. And Ors. .....Respondent(s) 3. Learned Additional Chief Standing Counsel does not have any instructions nor has he filed affidavit with regard to the order dated 21.07.2022 as was directed by us on 26.04.2024. We do not appreciate this apathy. It is high time the opposite parties woke up to the importance of the issues raised in the writ petition. 4. Learned counsel for the petitioner also urges that on account of a abolition of Toll Charges on ferrying the consequence is that anybody is free to ferry the boats across the river and this activity is not regulated, therefore, there is overloading of boats resulting in accidents and details of such accidents resulting in death and injuries have been given in the pleadings before this Court. This aspect would also be considered by the Court on the next date. 5. List in the week commencing 27.05.2027. 6. The earlier orders would be complied by the State Authorities positively otherwise we will have no other option but to summon the concerned. 7. Shri V.P. Nag, learned Additional Chief Standing Counsel may communicate this order to the concerned." 4. In view of the observations made therein a short counter affidavit has been filed to which no rejoinder affidavit has been filed. 5. We have gone through the policy, namely, Uttar Pradesh Naav Suraksha Evam Navik Kalyan Niti-2020 carefully. We find that the said policy takes care of all the issues raised in the writ petition and also our query as contained in the order dated 03.05.2024. Now the only question is of its effective implementation. 6. We accordingly dispose of this PIL with a direction to the State Government and all its authorities to implement the said policy in letter and spirit so that its objects are achieved and any laxity in its implementation, especially if it results in death due to overloading/overcrowding of the boats etc. will not be acceptable and stringent measures would be taken in the event any laxity and responsibility is found of the concerned official in this regard. 7. We also direct the State Authorities to spread awareness about the said 'Niti' and the Boat Safety Guidelines, 2017 in the general public, especially those living in the vicinity of rivers etc. and WPIL No. 30670 of 2016 2 those using the rivers for transportation through boats, especially the boatmen. 8. Ms. Akanksha Dubey, learned Additional Chief Standing Counsel shall communicate our order to the Additional Chief Secretary/Principal Secretary, Revenue and Additional Chief Secretary/Principal Secretary, Panchayat Raj for ensuring compliance of the aforesaid. If there are any other departments who have a role to play in implementation of the aforesaid policy, our order shall be sent to them also through the Additional Chief Secretary/Principal Secretary, Revenue and Additional Chief Secretary/Principal Secretary, Panchayat Raj or otherwise as the case may be, who shall also ensure compliance accordingly. November 17, 2025 Anand/- WPIL No. 30670 of 2016 3 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench