RAM SHARAN AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Satish Chandra Mishra, learned Senior Counsel assisted by Sri Sunil Kumar Chaudhary and Sri Kapil Misra, learned counsel for the petitioners who are two in number and Ms. Bulbul Godiyal, learned Additional Advocate General assisted by Sri Gaurav Mehrotra, learned counsel for all the respondents. Affidavits have been exchange between the parties.

(2.) THE matter has been heard at quite some length, however, when learned Additional Advocate General was arguing the matter we find that the main thrust of the argument was that this Public Interest Litigation is not maintainable by the two petitioners who claim to be advocates practicing in the High Court of Judicature at Allahabad, Lucknow Bench Lucknow. Her submission was that the locus of the petitioner in light of the various judgements of the Supreme Court has not been spelled out in this writ petition and therefore the petition be dismissed on that score.

(3.) WE find from the record that the dispute with respect of the construction of a bridge over Sharda canal near Azad Nagar, Lucknow known as Pakari Ka Pul has engaged the attention of this Court in an earlier Public Interest Litigation being Misc. Bench No. 5360 of 2008 (Sangam Lal Pandey (P.I.L.) (Civil) Vs. State of U.P. and 9 others). The P.I.L. was finally decided on 02.12.2013 by a Division Bench of this Court (Hon'ble Dr. Dhananjaya Yeshwant Chandrachud, C.J. and Hon'ble Devendra Kumar Arora,J.). In the said judgement of this Court it was observed that since the link road has now been created the matter has been set at rest. The recitation in the judgement was that a grievance was raised, a Committee was constituted, the Committee recognized the hardship of the residents, it advised a link road, which has now been put in place. The judgement dated 02.12.2013 itself is quoted hereunder: -