ARUN KUMAR TIWARI Vs. STATE OF UTTAR PARDESH

JUDGEMENT

(1.) Heard Sri B.K. Singh, learned counsel for petitioner and learned Standing Counsel for respondents.

(2.) This writ petition under Art. 226 of Constitution has been filed as Public Interest Litigation. Petitioner is a Corporator of Nagar Nigam, Lucknow representing Gomti Nagar area. The grievance of petitioner is that authorities concerned involved in Public Utility Services are digging up roads with the permission of Lucknow Nagar Nigam who also collect road cutting charges from such persons but repair or resurfacing of roads is not carried out for long or many times not at all causing tremendous inconvenience to vehicular traffic as well as pedestrians and many times it results in serious mishaps.

(3.) It is said that no person has any authority or right to cut or damage roads without permission of Municipal Commissioner by virtue of Sections 293, 295, 300 of Uttar Pradesh Nagam Nigam Adhiniyam, 1959 (hereinafter referred to as "U.P. Act 1959"). There are no prescribed rates for road cutting of Nagar Nigam, Lucknow but rates prevailing in U.P. Public Works Department (hereinafter referred to as"UPPWD") are made applicable and adopted by Nagar Nigam, Lucknow relating to road cutting which are as under: