1. Re-Encroachment in Civil Lines (particularly Sardar Patel Marg)

A. Considering existing situation, we find no justification for any multi-story complex to be raised in Civil Lines Area. A.D.A authorities are directed to review ‘plan’ of Civil Lines Area-particularly marked, which have been sanctioned but not yet raised/constructed considering ‘hell like’ traffic and parking problems in the area. No ‘complex’ be allowed to be constructed/raised any more and if in initial stage below ground levels, it should not be allowed to go beyond ground level. ‘General notice’ be given for the same. Any activity in violation of this order shall be treated as gross violation of order of this Court. ADA shall review ‘plans’ keeping in view the prescribed criterion of ‘FAR’ and ‘DENSITY’ laid down in ‘Master Plan’ in consonance with the capacity of existing road.

B. We further direct ADA, Nagar Nigam and Police to put ‘sign board’ at relevant places—

(i). PARKING ZONES/PLACES

(ii). TOW AWAY ZONES.

C. ADA shall ensure that parking places indicated in the sanctioned plan of the complex/constructions in the city and particularly in Civil Lines, Chowk and Katra are restored forthwith. Person/authority using parking space otherwise or not permitting public to use it should be notices to restore the parking place within one week and if he fails to do so, the premises in question be sealed. ADA may also take such action against the guilty as may be permissible under law.

D. ADA is further directed not to sanction any complex or otherwise within the city-particularly Civil Lines, Chowk and Katra without referring the plan and obtaining ‘no objection’ from the Chief Town Planner at Lucknow for the time being who shall look into all the aspects before granting sanction to proposed ‘complex’.

E. Sri C.B Yadav, C.S.C, shall ensure presence of Chief Town Planner and Principal Secretary, Nagar Vikas, who may have a round of the city with Sri S.K Garg/Anand Mohan and CSC and submit their report on ‘Multistory Complexes’, ‘Traffic Terminal’ and ‘Public tragedy’ on these scores.

F. About a year has passed when this court had suggested for acquiring land for multi-level-under ground and above ground ‘parking lots’ in Civil Lines (market) as well as around High Court. A report was placed on record in the past by ADA/Nagar Nigam after spot inspection choosing six places for this purpose. We have not been informed the progress and we are told that matter, as usual, pending with the State Government for making these lands available to Nagar Nigam/ADA to establish ‘parking lots’. There appears to be complete apathy in view of ‘no response’ of the government or the administration.

Sri A.K Mishra, Advocate representing ADA, will collect up-to-date information on the subject.

Sri S.K Garg, Advocate, Sri A.K Mishra, Advocate and Sri Ajit Kumar, Advocate shall also submit their report on the above matters ‘A’ to ‘F’ on 23.03.2006 at 4.00 PM in Chambers.

G. Vice-Chairman, ADA is directed to submit names of Junior Engineers, Executive Engineers, Incharge of Civil Lines area, names of authority sanctioning multistory complex-details of constructions-raised in violation of plan. ADA is mandated not to compound unauthorized/illegal construction till further orders. Report be submitted on 22.03.2006 at 4.00 in Chambers.

Relevant extract of our order in sub para ‘A’ to ‘G’ shall be given wide publicity in English/Hindi Daily News Papers-Door Darshan/Local T.V Channels, F.M Radio and by placing prominent notice at appropriate public places by D.M, Allahabad.

2. Curzon Bridge

A. Sri S.K Garg, Advocate/convener of the Committee informs that officers of the Forest Department and the Superintending Engineer/Sri Sushil Kumar, P.W.D have assured that major work shall be completed by May 31, 2006.

B. By this time to direct D.R.M, Lucknow, Superintending Engineer, P.W.D (Allahabad) and Chief Conservator of Forest, Allahabad Range, Allahabad to have a coordinated meeting to develop surroundings i.e the land lying neglected on either side of ‘Curzon Bridge’- within = Km of its both end. Court during its site inspection found that this spot can be beautifully and usefully developed to add to greenery/environment with will facilitate removal of pollution and it will also case traffic congestion. This site can be developed on the pattern of ‘Raj ghat’ in Delhi or ‘Budha Park’ inn Lucknow.

C. Sri S.K Garg shall co-ordinate and ensure a meeting of the aforesaid authorities within 10 days from today and its result be intimated to the Court on 22.03.2006 at 4.00 P.M in Chamber.

D. If any other help is required for development of the site the authorities may approach the concerned Principal Secretary, Transport, Nagar, Vikas, Environment in the Government shall extend all assistance in this respect. Fortnightly report shall be submitted by Sri S.K Garg in Chambers as directed vide our order dated 27th January, 2006.

E. Sayeed Mohd. Abbas though Sri R.B Singhal, Advocate has filed an application alongwith his own affidavit praying for a direction to the respondents to submit records pertaining to proposed 2nd phase of Phaphamau Bridge. Shri C.B Yadav, Chief Standing Counsel, has received a copy of this application. He shall send its copy to the Principal Secretary of the concerned Department-and submit ‘full’ and ‘proper’ information in this matter viz, total cost of construction of Phaphamau Road Bridge, upto date total amount realized as toll alongwith copies of relevant statutory rules, Government orders etc, on the subject.

3. Re: Misleading Reports by the then Nagar Ayukt (Sri Badal Chatterjee).

A. Shri Ajeet Kumar Singh, Advocate, representing Nagar Nigam Allahabad informs that after joint spot inspection steps are taken to provide proper level and smooth flow of dirty water-so that water does not stagnate and the drain is also suitably covered.

B. It is noted that there is nothing on record to show what steps have been taken by the Principal Secretary, Nagar Vikas to show compliance of Court order dated 27.7.2006 in this context viz constitution of High Power Committee to enquire and propose action against erring officials guilty of gross financial irregularities in the matter. We have no option but to direct the Principal Secretary, Nagar Vikas to appear in person on the next date fixed (i.e 17.4.2006) besides submitting full information on above issues by means of his person affidavit.

C. Shri D.D Gupta, Advocate, appearing on behalf of Yogendrapuri Welfare Society informs that PWD and UP Power Corporation Ltd. have surveyed the crossing in question (Crossings of Nyaya Marg and Myora Road) and steps are in offing for removal of obstructions/encroachment and beautification of the crossing. Progress report be submitted by UP Power Corporation, Allahabad/ADA/Nagar Nigam by the next date fixed i.e 17.4.2006

4. Re: Parks under the Management of ADA, Nagar Nigam & Avas Vikas Parishad—

A. Shri A.K Mishra, Advocate, representing ADA informs that the work relating to three parks-Samaya Mai Park (Katra), Shivaji Park (Mumfordganj) and Ram Lila Park (Allahpur) referred in our order dated 27.1.2006 is in advance stage and the work, (including plantation, beautification and future management/maintenance of these parks) shall be completed before the next date fixed i.e 17.4.2006

B. ADA is directed to remove encroachments, of all nature-from and around P.D Tandon Park (Civil Lines), and ban forthwith taxy and (three/four wheelers) Rickshaw stand on pathways and clear forthwith land meant for road widening. Simultaneously, following removal of encroachment, Nagar Nigam shall widen the road to their maximum extent and ensure proper street lights, dividers and zebra strips on the crossing.

C. ADA shall submit detailed report regarding other parks in the city of Allahabad, on 17.4.2006 i.e the next date fixed in this case.

D. On that date V.C of ADA, Nagar Ayukta, Nagar Nigam and Principal Executive Officer of Avas Vikas Parishad (at Allahabad) shall file their affidavits giving details of their ‘Parks’- in residential localities/colonies, their existence, maintenance and their restoration, if any after verification of spot position. Affidavit must disclose position of encroachment of parks unauthorisedly by individuals/Govt. Deptt. Etc. The parks in city have to be maintained at any cost in future. List of parks and relevant information must be submitted in a tabulated chart attached to their affidavits. Court shall get position of the parks verified through an independent agency, if so required.

E.A.D.A and Nagar Nigam to check position of parks in residential colony and satisfy that ‘Parks’ shown in sanctioned plan are restored and maintained. Necessary action be taken forthwith and the above order be complied before the next date fixed. Commissioner, D.M SSP Chief Secretary, Government of UP shall extend all assistance for above purpose. Court shall entertain no excuse whatsoever.

5. Re: Parking Lots/J.P Parks fixing of railing etxe near and opposite H.C on G.T Road (Kanpur Road) near Hanuman Temple—

A. Sri S.K Garg, Advocate informs that railing around the shops abutting Hanuman Temple has been fixed partially but partially beyond the line as agreed (before Court inspection) by the concerned. He further informs that there are complaints by authorities of Nagar Nigam and local administration to the effect that the railing (which was fixed by Nagar Nigam under orders of the Court opposite to shopping complex facing ‘Parking Lot’ has been broken/damaged by the shop keepers for their own selfish and mean interest with ulterior motive to encroach. According to these complaints ‘Hotels’ sweet shpos, etc. facig newly built J.P Park are causing nuisance by throwing coal-ash, Dona/Pattals, plastic glass, half eaten or rotten food stuff and chocking the drain. Barber-Liaqat Ali and sweet meet shop owner-Ramji are also paying no heed and extending their possession illegally over road-patri. Nagar Nigam, Allahabad is directed to give notice to all erring persons, impose maximum penalty, if complaints are correct. Report on the subject be submitted and confirm if above complaints are correct and whether any of them have attempted to flout any order of this court. The Nagar Nigam Shall also inspect and verify that railing of Allahabad temple shoppinig complex is in accordance with instructions given by the High court. In our earlier order this Court had directed that any person damaging/defacing private/public property is a ‘public offence’ and fine of Rupees Twenty Five Thousands to Fifty Thousand be slapped on them and it may be recovered by the district Magistrate as land revenue. Apart from it, whosoever persists with unlawful activity establishment/shop/office etc. belonging to such person be got sealed. A report may be submitted by Nagar Ayukt regarding ‘railing’. Penalty imposed/recovered from erring persons or any other action taken at 4.00 P.M on 22.03.2006 in Chamber. C.O, Traffic and C.O, Civil Lines should also be available.

B. Sri S.K Garg, Advocate, further informs that J.P Park (Across Kanpur Road opposite High court) is expected to be ready by the end of this month. He may communicate this order to the concerned agency to get this work to be completed and make it available for inspection of the Court on or before the next date fixed i.e 17th April, 2006.

C.S.S.P, Allahabad, C.O, Civil Lines shall ensure that no Kiosk, Thela etc. are parked around High Court premises and its gates at any point of time.

D. Nagar Nigam and ADA, SSP, Allahabad to submit compliance report regarding removal of unauthorized encroachments and clearance of entire road, patri and land for road widening from Ambedkar Crossing to Church.

E. Auditorium in Nagar Nigam:

Nagar Ayukt to place the file and progress.

6. Re: Complaints in the matter of Roads in the City.

The officials of concerned authorities are given further extension of time to restore roads and submit their report on the next date fixed.

7. Students Matter-Re: Defacement of Private/Public Building; vis-à-vis Student's Union Election:—

A. In the affidavit of K.D Singh, Prabhari Nagar Ayukta, Nagar Nigam, Allahabad filed alongwith application No. 51428 of 2006, list of notices and Photostat copies of the same have been filed collectively as Annexure- 1 and it is prayed that his court may summon the erring proprietors/managers of the premises. The concerned authorities of Nagar Nigam, Allahabad are hereby directed to cancel licenses of all those who have acted in violation of terms and conditions of license granted in their favour. One week notice be given and those who fail to pay heed, should be prosecuted for putting illegal/unauthorized posters, banners, hand bills, hoardings and the same be got removed forthwith apart from sealing establishments of erring persons for two weeks. Nagar Nigam shall give wide publicity of this court order through publication in newspapers and by affixing notices at prominent places. If an erring persons pay Rs. 25, 000/- as penalty, then seal may not be pressed. Similar action shall be taken by Nagar Nigam, Allahabad against the persons whose posters, banners, hoardings etc. are fixed on the public/private buildings, offices, educational institutions, Circuit House, NCZCC, boundary wall and/or publishing boards. Action shall be taken by this Court against persons for whose benefit such banners, posters etc. are fixed/installed. Nagar Nigam officials are directed to submit list of erring persons or be ready to face action for violation of this order.

B. Sri Ajeet Kumar Yadav, President, Sri Brijendra, Vice-President, Sri Suresh Chand Yadav, General Secretary, Ms. Kalpna, Publication Minister and Bihari Lal Ambar, Joint Secretary of the Student Union of Allahabad University have given two written statements dated 6.3.2006 jointly signed by them. Court reserves its views on the suggestion given by these office bearers of Student Union of Allahabad University. These office bearers, however, unmistakably deprecate Hoardings, Banners, Placards, posters, Wall-writings inside or outside University. Dr. G.K Rai, Chairman of Board of Trustees, Allahabad University Students Union alongwith Professor H.S Upadhyay, Returning Officer of last election of the Union are present. Earlier a government order dated 21.1.2000 was issued to improve things but the same was withdrawn by Chief Secretary letter dated 1.9.2003, copies of which are annexed with the report submitted by Professor G.K Rai. It is not difficult to find out reasons for recalling of the said government order dated 21.1.2000 All the vices present in general elections of M.P/MLA, are present in students elections. From newspaper, it is evident that those students leaders are either contractors in ADA/Nagar Nigam or they have their own business. If a student above 25 years has talent to go for politics, he must contest for election of MLA/MP. University and colleges shall not be allowed tobe used as extension platforms for various political parties. Object for which provision was made to have Students Union has been frustrated and their existence is proving counter productive to academics.

Professor G.K Rai, Chairman, Allahabad University Student Union Trust Board candidly stated- “These elections have become source of nuisance to the citizens, in the city and academic atmosphere of the University and colleges completely collapsed due to it. ‘Union’ has been and should be an essential part of the University, the necessary corrective measures cannot be taken by the University administration alone or by teachers. It must be a joint initiative of students, teachers, University Administration, District Administration as well as Hon'ble courts. The constitution of the Union requires change and improvement.”

Professor H.S Upadhyay, Returning Officer (who had conducted recently held Student Union Elections) stated that “a corrective measure has to be taken in the ailing situation. Procedure + Eligibility of candidate in students' union election require certain modifications, there should be some time limit for admission, say three to four years for graduation and two to three years of post graduation etc. and therefore, two years for any diploma and 5 years for research etc. and student having more than 8 years in the University should not be eligible to contest election”.

Court is informed by Dr. G.K Rai-University has imposed Rs. 10/- per student per annum as charges for Student Union which is compulsory payable by a student. Anand Mohan, petitioner, in this context referred to Rajasthan High court judgment (Jaipur Bench), which is referred in annexure SA-2 to his application dated 5th May, 2005.

Court will consider all relevant aspects on the next date. Office bearers of the University Union, Dr. G.K Rai and Prof. H.S Upadhyay (referred above) need not appear in person.

8. Re: R.T.O

A.R.T.O Allahabad to ensure that no Bus, enters in Municipal limits which does not possesses valid permit or certificate of ‘Pollution Check’ or violating ‘Colour pattern’. For this purpose vehicle be seized and fine of minimum Rs. 25, 2000/- be realized before releasing the vehicle and ensure said vehicle does not flout ‘Rules’ Court shall be informed of ‘action’ initiated in this direction against erring persons.

B. Re: Civil Lines Bus Sand.

The Chairman UPSRTC and Ministry of State Road Transport to consider winding up of Bus Stands City limits and provide them or take them out within periphery of the town i.e in Naini, Jhunsi, Transport Nagar (Kanpur Road)/beyond Manauri and Phapha Mau Bridge. Considering capacity of Allahabad city road, present congestion with population explosion and large-scale of manufacture/safe of auto-mobile explosion, encroachments with impunity on road, Road sides (patri), and land left for widening, etc. we direct the ‘Authorities’ mentioned above and Distt. Administration to ensure entry of buses in the city is restricted. Details/Modalities be chalked out. Meanwhile it is again directed that UPSRTC, Buses are not parked at Civil Lines Bus Stand gate. Repeated High Court orders are being ignored. Inspector, Civil Lines, Allahabad will ensure that there is no Thela, Klosk, Rickshaw, Scooter, Tampo ‘Private Transport Vehicles’ parked or stationed at this bus stand. The District Magistrate and SSP or SM/ADM/Deputy Collectors specially authorized by written order to conduct periodical surprise inspection, to ensure that High Court order is strictly

C. We direct Nagar Nigam to fix iron/steel ‘GIRDERS’ as barriers-on side where they emerge with M.G Marg i.e Clive Road, Strachey Road, Patrika Marg, etc, so that Heavy Vehicles like Bus/Trucks etc. do not enter and create nuisance in residential localities are not disturbed and damages ‘Roads’ which are not meant for heavy vehicles. Site for ‘Barriers’ should be finalized intelligently. This work on side Roads on the point of merging with M.G Marg e.g Patrika Marg be completed within 15 days and compliance report be submitted to this Court through Sri S.K Garg, Advocate, in Chambers, Nagar Nigam, Allahabad shall also forth with repair all side roads which have been damaged by Heavy Vehicles.

9. Re: Cattle Management.

WE are informed that District Magistrate has issued certain directions. Court shall watch progress and consider this issue on the next date fixed i.e 17.4.2006

10. Re: Noise Pollution:

Deferred for next date.

11. Re; Passengers Railway Station.

Shri Govind Saran, Advocate, informs that PRS (Passengers Railway System) in High Court, premises has already been set up and it shall be commissioned on 7.3.2006 it is no more a issue.

12. Re; Ponds and Tanks in City of Allahabad.

Shri Anand Mohan informs that several ponds have been illegally encroached and unauthorized constructions, raised over many of them. All constructions-be stopped forthwith. Plan if sanctioned by ADA shall be deemed suspended till further orders. We understand from news report that District Magistrate, Allahabad has already issued certain directions in this regard. WE direct the authorities, ADA/Nagar Nigam to expedite the matter and take steps for restoring those ponds at the earliest. Report be submitted on 17.4.2006

13. Re-Electric Poles on metal Road (particularly Stanley Road).

We are informed that Power Corporation at Allahabad and Nagar Nigam have already initiated correspondence for providing adequate funds for this purpose. As usual, according to them, there is no response from that end. WE direct Chairman, UP Power Corporation to appear on the next date fixed.

Sri Ajit Kumar, Advocate informs that Nagar Nigam has already written letter to the Principal Secretary, Nagar Vikas. Let Principal Secretary, Nagar Vikas appear in person on the next date fixed or get the money sanctioned within three weeks from today.

Such matter cannot be allowed to be dealt leisurely-considering pas fatal accidents, loss to UPPCL whose Poles/Lines are damaged and hazards of life of School going children, innocent commuters, etc. on these roads. UP Power Corporation directed to start work and not to wait for money to be received from Nagar Nigam. Court shall issue direction in this respect also, if required on next date i.e 17.4.2006

14. Re-Ban on use of Polythene, Carbide, Copper Sulphate, poisonous chemicals, deadly colour material in Edibles/vegetables.

To be taken up on 17.04.2006

Meanwhile State government and District Administration/Local Bodies to submit report through Sri C.B Yadav, CSC.

15. Re-Ban on use of Oxytone Injection on Milching Animals—

To be taken up on 17.01.2006

Meanwhile State Government through Chief Secretary and District Administration/Local Bodies to submit report through Sri C.B Yadav, CSC.

16. Re: Indiscreet Opening of country Liquor/foreign Liquors/Beer Shops near schools (e.g St. Joseph College), residential localities — Bahuguna Market).

Excise Commissioner, UP at Allahabad to submit report on 22.3.2006 in Chambers at 4.00 P.M Shri C.B Yadav, CSC shall communicate this order.

17. Re: Cremation Ghat/Crematoriums:—

ADA/Nagar NIgam to submit report to develop sites (on Lucknow Bhansa Kund Pattern) on next date- 17.04.2006

Copy of order be given to the concerned without charges within four days.