PRAKASH CHANDRA AGARWAL v. U.P. GROUNDWATER RECHARGING DEPTT. LKO. THRU. DIRECTOR and ORS
WPIL/3918/2011 · 2025-10-10
Rajan Roy, Rajeev Bharti
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 197077 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197077 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 3918 of 2011 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE RAJEEV BHARTI, J.
1. None appears for the petitioner to press this PIL. 2. This PIL was filed in the year 2011 seeking the following reliefs:-
"(i) Issue the writ, order or direction in the nature of Mandamus commanding the respondent nos.1 to 3 to seek expert opinion of Hydro-meteorological, Hydrological and Soil Infiltration, Hydrogeological from the Central Groundwater Board, Central Pollution Control Board, Indian Institute of Toxicology, National Environmental and Engineering Research Institute, National Institute of Hydrology and National Botanical Research Institute, before implementation of the Artificial Rainwater Harvesting Project and till expert opinion, the construction of the recharge gallery/recharge pit and recharge well be restrained. (ii) Issue the writ, order or direction in the nature of Mandamus commanding the respondents not to use park in front of House No. 2/143 to 2/151, Virat Khand, Gomti Nagar, Lucknow for Artificial Rainwater Harvesting Project. (iii) Issue the writ, order or direction in the nature of Mandamus commanding the respondents not to cut any plant and not to destroy the sanctity of park in front of House No.2/143 to 2/151, Virat Khand, Gomti Nagar, Lucknow. (iv) Issue the writ, order or direction in the nature of Certiorari striking down the part of clause 3.4 of Government Order dated 26.4.2006 by which it is provided that recharge pit/recharge shaft be constructed in the parks, Versus Counsel for Petitioner(s) : Shobhit Mohan Shukla Counsel for Respondent(s) : C.S.C., Ajay Kumar Singh, Shashi Prakash Singh Prakash Chandra Agarwal .....Petitioner(s) U.P. Groundwater Recharging Deptt. Lko. Thru. Director And Ors .....Respondent(s)
playgrounds and open spaces as it is contrary to the clause 3.7 of the same Government Order. (v) Such any other order or direction under the circumstances of the case may also be passed in favour of the petitioner. (vi) Allow the writ petition of the petitioners with costs."
3. Here again the main issue appears to be the ground water level.
As already stated in other orders passed today in the connected matters, the U.P. Ground Water (Management and Regulation) Act, 2019 (hereinafter referred to as 'Act 2019') has already been formulated and as of now there is nothing on record to show that there is any deficiency on the part of the authorities mentioned therein in implementing the Act 2019. If there is, then a separate proceeding can be initiated. We see no reason to proceed any further with respect to reliefs prayed herein. 4. As regards the reliefs pertaining to certain parks, i.e. relief nos.2, 3 and 4, the petitioner is at liberty to approach the Nagar Niagam or such other authority for redressal of the grievance as prescribed under the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975. If there is any fresh cause, separate proceedings can be initiated. 5. The petition is disposed of accordingly. October 10, 2025 Anand/- WPIL No. 3918 of 2011 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench