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Court No. 1
Writ Petition No. 447 (MB) of 2010
Dr. Ankur Kumar and another
Vs.
State of U.P. and others.
Hon'ble Pradeep Kant, J.
Hon’ble Ritu Raj Awasthi, J.
Heard the counsel for the petitioners Sri Shakti Ojha, counsel for the
State Ms. Kirti Srivastava, Sri Anil Srivastava for Nagar Nigam, and Sri
Awadesh Shukla for U.P. Jal Sansthan.
This petition has been filed in the nature of Public Interest Litigation
praying for a writ in the nature of mandamus restraining the respondents
from raising the water tank and construction of underground water storage
tank in the park in question, which is situated in Musahab Ganj Nagaria,
Thakur Ganj, Lucknow.
Though the water tank is being constructed by the U.P. Jal Nigam
but the same has not been impleaded as a party to the writ petition.
Counsel for the Nagar Nigam on the basis of instructions, says that it
is quite big park, over which water tank is being constructed and there is no
proposal for making any underground water storage tank. He further says
that after the construction of the water tank, the park would still remain as
such and would not loose its shape and that the construction of water
storage tank is necessary and essential for supply of drinking water to meet
the scarcity of the same in the adjoining areas.
So far the underground water storage tank is concerned, since there
is no proposal, we need not comment upon the same.
In regard to the raising/construction of the water tank, suffice it
would be to mention that supply of drinking water is an essential
requirement and is fundamental right of the residents. To meet the scarcity
of water in the city of Lucknow or in the area in question, if the Nagar
Nigam has decided and Jal Nigam is permitted to construct the water tank,
no exception can be taken, moreso when it is the specific instruction of the
Nagar Nigam that park would be retained in appropriate manner and shape,
as it is required, after construction of the water tank.
Since larger public interest requires that the water tank should be
allowed to be constructed, we do not find any ground to interfere with the
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same.
The petition is dismissed.
Before parting, we would like to observe that the Nagar Nigam shall
maintain the park after the construction of such a water storage tank.
Dated: 21.1.2010
MFA