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Binod Chandra Varma Vs. State of U.P. and Others</B>

Binod Chandra Varma vs State of U.P. and Others

Type Court Judgment Court Allahabad Decided Jan 11, 1999
~2 min read
https://sooperkanoon.com/case/461709

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
C.M.W.P. No. 1088 of 1999
Subject
Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Constitution - public interest litigation - Article 226 of Constitution of India - prayer for directing Allahabad Nagar Nigam keeping the city clean and providing other basic amenities - municipal taxes imposed on citizens - citizens are paying taxes without getting any corresponding benefits - Court directed to tak...

Key legal issue
Constitution
Acts & sections
Constitution of India - Article 226

Parties & Advocates

Appellant / Petitioner

Binod Chandra Varma

Advocate Pravin Kumar Srivastava, Adv.

Respondent

State of U.P. and Others

Advocate S.C.

Legal References

Acts
Constitution of India - Article 226
Reported In
1999(1)AWC731; (1999)2UPLBEC865

Excerpt

constitution - public interest litigation - article 226 of constitution of india - prayer for directing allahabad nagar nigam keeping the city clean and providing other basic amenities - municipal taxes imposed on citizens - citizens are paying taxes without getting any corresponding benefits - court directed to take action promptly. - - 3. we, therefore, direct the nagar nigam authorities to take strong disciplinary action against those safai karmacharies and other employees who are not working properly.m. katju, j.1. sri s. d. kautilya has appeared for the nagar nigam. allahabad and may file counter-affidavit within three weeks. list this petition in the week commencing 8th february, 1999.2. this petition has been filed as a public interest litigation praying that the nagar nigam, allahabad be directed to keep the area of mohalla krishna nagar (kydganj), allahabad clean and repair the sewer lines, etc. and stop the keeping and tying of animals on the street. it is indeed true that in several localities of allahabad, there is filth and garbage which has piled up causing inconvenience to the passer-by and lot of diseases and health hazards. it is common knowledge that nowhere cleaning of the roads, garbage and sewer is done in allahabad by the nagar nigam, although there are about 1,800 permanent employeesand 800 casual labourers working in the nagar nigam for this purpose, but they do not work and if they are told to work, they threaten to go on strike. for payment of salaries of these employees. municipal taxes are imposed on the citizens, e.g., house' tax and water tax. the citizens of allahabad are paying these taxes without getting any corresponding benefits, e.g., keeping the city of allahabad clean and other basic amenities.3. we, therefore, direct the nagar nigam authorities to take strong disciplinary action against those safai karmacharies and other employees who are not working properly. we further direct that not only the mohalla kydganj but also other parts of allahabad city should be cleaned and sewer lines, water pipes, etc. repaired, otherwise action must be taken against the employees concerned promptly and compliance report be submitted to this court by the next date.

Full Judgment

M. Katju, J.

1. Sri S. D. Kautilya has appeared for the Nagar Nigam. Allahabad and may file counter-affidavit within three weeks. List this petition in the week commencing 8th February, 1999.

2. This petition has been filed as a Public interest litigation praying that the Nagar Nigam, Allahabad be directed to keep the area of Mohalla Krishna Nagar (Kydganj), Allahabad clean and repair the sewer lines, etc. and stop the keeping and tying of animals on the street. It is indeed true that in several localities of Allahabad, there is filth and garbage which has piled up causing inconvenience to the passer-by and lot of diseases and health hazards. It is common knowledge that nowhere cleaning of the roads, garbage and sewer is done in Allahabad by the Nagar Nigam, although there are about 1,800 permanent employeesand 800 casual labourers working in the Nagar Nigam for this purpose, but they do not work and if they are told to work, they threaten to go on strike. For payment of salaries of these employees. Municipal taxes are imposed on the citizens, e.g., house' tax and water tax. The citizens of Allahabad are paying these taxes without getting any corresponding benefits, e.g., keeping the city of Allahabad clean and other basic amenities.

3. We, therefore, direct the Nagar Nigam authorities to take strong disciplinary action against those Safai Karmacharies and other employees who are not working properly. We further direct that not only the mohalla Kydganj but also other parts of Allahabad city should be cleaned and sewer lines, water pipes, etc. repaired, otherwise action must be taken against the employees concerned promptly and compliance report be submitted to this Court by the next date.

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