NISHATGANJ VYAPAR MANDAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Counter affidavit on behalf of opposite parties except opposite party No. 6 Nagar Mahapalika, Lucknow have been filed. Rejoinder affidavits have also been filed. As pleadings were complete, with the consent of the learned counsel for the parties, the writ petition was taken up for final hearing. We have heard learned counsel for the parties.

(2.) The petitioner by means of this writ petitition have prayed for a writ of mandamus commanding the opposite parties not to construct the flyover in question in the Nishatgang Area in the city of Lucknow. A further writ of mandamus has been prayed for requiring the opposite parties not to construct any wall near the railway track at gate No. 4 in the Nishatganj area. By way of consequential relief, further writ of mandamus has been prayed for commanding the opposite parties to allow movement of vehicles in the Nishat-gang area and to pay compensation/damages to the affected persons of the locality due to the construction of the flyover.

(3.) The petitioner's case is that railway line of N. E. Railway passes through Badshah Nagar Railway station to Charbagh through Nishatganj. A proposal to construct over-bridge in main Nishatganj area has been finalised. The opposite parties, in their counter affidavit have filed the relevant lay-out plan of the over bridge at crossing No. 4. The writ petition was filed on the basis of an assumption that the Hanuman Mandir standing on the Nishatganj crossing is likely to be damaged and affected by the construction of the flyover. Various pleas have been raised by learned counsel for the petitioner. Foremost of them being that the flyover is being constructed without deciding the petitioner's representation. It is submitted that the flyover is being constructed in violation of human needs and against the welfare of the residents of the locality i.e. Nishatgang area. It is alleged that the flyover is being constructed in a way that it will affect human health, wealth and property and basic human needs as there would be no passage of ambulance and fire-brigade etc. The main grievance of the petitioner centres around the construction of a wall covering railway line at gate No. 4 at Nishatgang crossing and providing for a subway for pedestrians and cyclists to cross over to the other side. The other ground urged is that the object for which the flyover is being consructed, such as traffic jam, would not be solved but would be worsened due to construction of wall at gate No. 4.