Court No. - 1 Case :- MISC. BENCH No. - 3779 of 2006 Petitioner :- Gomti Nagar Jan Kalyan Mahasamiti It Gen. Secy (P.I.L.) Respondent :- State Of U.P.Through Secy Housing And 3 Ors Petitioner Counsel :- B.K.Saxena,B.K.Singh Respondent Counsel :- C.S C,Asit K Chaturvedi,Dipak Seth,K.Chandra,Kamlesh Singh,Raj Kumar Singh Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
A serious objection has been raised by learned counsel for the petitioner that
despite there being an interim order of this Court, restraining all
constructional activities in the area in question, firstly railway over-bridge
was constructed without permission of the Court and further, developmental
work has been undertaken though an application for such permission was
moved, which is still pending.
Today, an objection has been filed by the petitioner against the application for
modification of interim order dated 19.12.2009 for granting leave for
construction of railway over-bridge and construction in green belt, in which
certain photographs have been annexed and it has been stated that despite the
aforesaid application being pending, construction work at a very fast speed is
going on and for that matter, he says that about 3000 pillars, more than 18 ft.
in height, have already been constructed and apart from that, municipal waste
is being dumped in the green belt, causing a lot of inconvenience to public
and environmental pollution. His further submission is that ten toilets have
been made on point ‘G’, further blocking the road and that other blockades,
which have been made on the roads though by changing the master plan, are
still in existence, with the result that the persons residing in Srijan Vihar and
Bhagidari Bhavan colonies have no access to the main road.
Learned Chief Standing Counsel Sri D.K.Upadhyay says that he will seek
instructions in the matter as to where and what constructions have been raised
in the green belt despite the interim order of this Court.
Let the matter be listed on 11.2.2010, as prayed. On that date, the Vice
Chairman, Lucknow Development Authority shall appear in person to explain
as to how constructions have been allowed and are continuing when
permission was not granted by this Court though they had applied for the
same and interim order is still in force.
Order Date :- 3.2.2010
LN/-