VIVEK SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) Does a member of the public and a resident of the city of Allahabad have a right to object to the change in the user of the land which has been in existence as an open piece of land for the last hundred years and which has acted as the lungs of the city? Does the petitioner, being a citizen of this city, have a locus standi to raise issues of ecology, and protection of the environment on account of the change in the user of the land as undertaken by the military authorities in trying to convert the open piece of land into a concrete residential duplex complex? Is the petitioner, being a citizen of this city, aggrieved by such a diversion and construction of residential buildings? Do the citizens of Allahabad have a fundamental right to free and healthy air in eco-friendly surroundings for the full enjoyment of life as envisaged under Article 21 of the Constitution of India ? These are some of the questions of importance which have arisen for consideration during the course of the hearing of the petition. Case of the Petitioner:

(2.) THE petitioner claims to be a citizen and a resident, of a locality of this historic city of Allahabad and has filed the present writ petition in the form of a Public Interest Litigation contending that the respondents are planning to construct residenual buildings in the "polo Ground" which had remained vacant as an open land for the last hundred years. The petitioner alleged that this ground acted as the lungs for the citizens of Allahabad and if the residential buildings were allowed to be constructed on this land, the lungs would get choked. Not only this, the construction would disturb the ecology and create a serious imbalance, to the environment of the city. The petitioner has contended, that the only open piece of land which is located more or less in the heart of the city would vanish if the construction was allowed to come up. The constructions would not only endanger the quality of life, but would disturb the ecology and the environment which has compelled the petitioner to take recourse to Article 226 of the Constitution of India by filing this writ petition and praying that the decision with regard to the constructions of the residential buildings on "polo Ground" be quashed and that a mandamus be issued commanding the respondents to maintain a healthy) balance between the constructions and the environment conditions of the City as a whole. The petitioner further contended that he has no private gain or interest in it and has filed this petition in public interest to bring on record and apprise the Court of the immense damage which would be caused to the ecology and the environment of the city, if the constructions are allowed to be raised in the expanse of the land which act as the lungs of the city. The petitioner, in his writ petition, has therefore, prayed that the Cantonment Board be restrained from making any constructions on the Polo Ground. Case of Respondent Nos. 1, 3 and 4 (Union of India and Military Authorities):

(3.) IN the supplementary counter-affidavit, the respondents submitted that the proposed constructions of the residential quarters, i. e. the Marriage Accommodation Project (MAP) falls under Entry-4 of the Union List. The defence works was entrusted to the Military Engineering Services who plans and executes the same through the Defence Works Procedure. The Ministry of Defence vide letter dated 10- 9-2004, granted administrative approval for the construction of 1128 dwelling units, i. e. 60 dwelling units for Majors and above, 72 for JCO's and 996 dwelling units for ORs. at Allahabad Station. While considering the construction of the residential quarters, the location of the land was worked out by the Board of Officers and the sites were prepared as per the Zonal Plan of the Allahabad Station. The zonal plan was made on the basis of the Key Location Plan (KLP) of the station, which works out the requirement of the land as per the land norms, which was based on the strength of the Officers, JCOs, ORs and civilians in the station. According to the respondents, as per the KLP of Allahabad, there was a net deficiency of 1761. 957 acres of land, inspite of which the old Polo Ground had been ear marked as a site for the 'map' Project. This zonal plan had been made by the Board of Senior Officers and specialized persons basing it on futuristic operation requirements, the considerations of which are kept confidential. The respondents, however, submitted that the zonal planning had been done keeping in view the ecological policy which the respondents have framed and the guidelines issued by the Army Head Quarters. It was alleged that based on the aforesaid guidelines, the Station Commander constituted a Board of Officers, which recommended various sites for the aforesaid constructions and recommended construction of 48 dwelling units for Majors and above at the "old Polo Ground" and that out of 22. 77 acres of land, 15 acres of land would be left open to maintain the environment and the ecological balance. The respondents submitted that the norms for calculating the land in the army areas was such that it embraced the ecology and was most ecologically friendly. For instance, the population in a station for KLP was calculated four times the actual military strength and open spaces is calculated 7 acres per thousand population which means 28 acres are required to house 1000 military personnel. These averments have been made on the basis of Annexure-1 to the supplementary counter-affidavit, which is the land requirement sheet for Allahabad Station as per KLP, which we shall refer to it later at the appropriate stage.