SACHIN RAJPUT Vs. STATE OF U.P.

JUDGEMENT

(1.) THE issues raised in this writ petition are matters for local self -government. No administration can overlook the views of the civic community in giving their suggestion on how a town or a city ought to be administered. The Petitioners contend that the Respondents are trying to put a tubewell about 25 -30 meters away from the 'Chabutra' (Platform) within the compound of the Azaj Ali Hali. Both learned Counsel for the Petitioners and the Respondents agree that the place where the residents object to boring a tubewell is the town -hall compound. The Petitioners' fault is that they did not have the courage to go to Court before the construction of the tubewell began. The Respondents' fault is that they did not respect the views of the citizens of the town of Bijnor in a matter of local planning on where the tubewell should have been located. The residents of a village or a town are entitled to have their views considered in matters of local affairs as part of an exercise in local Government.

(2.) WHILE the Court is giving no order on the aspect that the tubewell ought to be pulled out, as the life of a tubewell is limited, but when this tubewell does run out of water, the request and views of the citizens of Bijnor, should be respected to relocate the tubewell, if yet the need for a borewell remains.