JAYANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) DESPITE time being granted on 28th April 2009 requiring the respondents to indicate the arrangements which they have made for meeting the excess rain water and back flow of Nala particularly in the rainy season and also to indicate as to whether proper arrangements have been made to provide medicines and other necessities to those who are living there and had faced back flow of drain water. Sri D.K. Uppadhayay, learned counsel appearing for the Lucknow Development Authority, says that the counter affidavit is under preparation but he is not in a position to tell as to what steps have been taken for providing necessary help and assistance to the inhabitants. Sri Shishir Jain learned counsel appearing for Bridge Corporation, however, says that this time the width of the Nala has been extended by 4 Mtrs i.e. from about 7 Mtrs to 11.85 Mtrs approximately, therefore, it would not allow any over flow of water and it is sufficient protection for both i.e. from rain water and also from back flow of Nala in the entire length which has been constructed by the Bridge Corporation i.e. 770 Mtrs. The learned counsel for the respondents are not aware as to what is the total length of the Canal/Nala and what is total length of the express way which is to be made. It is, thus, not clear that by extending the width of Nala by 4 Mtrs within a short span of the entire length of the Express Way would be sufficient to meet the back flow and water logging by excessive rain. The matter requires consideration by a Expert Committee consisting of superior officers and therefore, the State must come with the proposal on the next date constituting a team of experts, who should give their opinion in the matter. If any such expert opinion has already been taken, the same shall also be brought before the Court. Sri B.K. Singh learned counsel for the petitioner says that there is a report prepared by Rites in the year 2001 laying down the guidelines and the scheme for construction of Haider Canal Express Way but the present constructions are being made in violation of the said report. In view of the statement made by the learned counsel for the petitioner that this fact has been mentioned in the order passed in Writ Petition No. 2102 (MB) of 1997 dated 23.5.2001, we expect that the State shall apprise the Court about the said report, if any, submitted by the Rites regarding construction of Haider Canal Express Way, specifically on the next date of listing and if so, then whether the said scheme is being followed and if not, the reason therefore. The learned counsel for the State Sri D.K. Uppadhayay also informed the Court that w.e.f. 22nd April 2009 the Mobile Squad of Doctor56s is keeping watch over the situation. Sri D.K. Uppadhayay prays that he may be allowed one week's time to file a counter affidavit. Time prayed for to file counter affidavit, is allowed. The counter affidavit so filed, may contain all the necessary information as directed above. List this matter in the week commencing 25th May 2009 as prayed. In the meantime, we provide and expect that the Director General of Medical Health shall make inspection alongwith Chief Medical Officer and shall see that proper and appropriate arrangements have been made for treatment and the local residents are provided necessary medicines etc. and necessary precautionary measure for cleaning and making the area disinfectant are taken including spray of insecticides and fogging, so that it prevents the break of any epidemic.