J.N. Chaturvedi, Advocate, High Court, Allahabad vs Commissioner/District Magistrate, Allahabad and others

M. Katju, J.—Respondents are granted oneweek time to file counteraffidavit list before us peremptorily on 1292000, on which date the District Magistrate, Allahabad and respondent Nos. 2, 5, 6 and 8 should be present before us personally with their personal affidavits.

This petition is a public interest litigation filed by an Advocate of this Court relating to realization of municipal taxes etc. in connection with the recent heavy rains and water logging in large parts of the district Allahabad due to which large sections of citizens of Allahabad are facing great distress and are living in inhuman conditions. We are informed that in several parts of the Allahabad there is heavy water logging and other problems due to which ordinary lives of the people have become miserable.

The petitioner has prayed that collection of municipal taxes and other dues by the concerned authorities be suspended for the time being and essential supplies e.g. water, food etc. be made available to the affected people, and immediate steps be taken for removing water logging and cleaning the affected areas.

We are informed that there is no electricity and water supply and sockpits are overflowing in the affected areas. Beats are lying in the city in many areas which are several feet under water. It has been mentioned in Paragraph 4 of the petition that since 3182000 due to extraordinary heavy rainfall life has been virtually paralysed in large parts of the city of Allahabad. The functioning of the Courts, Offices Institutions, Colleges etc. have been adversely affected. The people living in the areas of George Town, Tagore Town, Allahpur, Saubatia Bagh, Daraganj, Mumfordganj and other parts of the city of Allahabad are completely water logged and the residents of these areas are forced to lead miserable lives. Many persons have taken sheller on the rooflop of the houses or in the other parts of the city. The house holds goods and other belongings of these peoples have been spoiled, causing huge pecuniary loss to the people of these areas. Almost all these residents are regular taxpayers of the Municipality. In paragraph 5 of the petition it is stated that since 3182000 due to discontinuance cf the electricity supply, drinking water supply in these areas are also on seriously and adversely affected and there is complete break down of electricity and water supply. In paragraph 6 it is stated that respondent Nos. 1 and 2 are very much prompt in imposing and realizing the municipal taxes from the citizens but they have misearably failed to provide and maintain the basic civil supplies and other amenities including water and sanitation. The drains of the city are choked and the authorities have failed to plan for any unforeseen circumstances during the monsoon season, and for this reason they were not prepared for this situation resulting in this grave crisis. The people are being forced to drink contaminated water and their lives have become hellish and the Administration has done nothing for providing pure water, food and other civil supplies to them. The entire areas of George Town, Allahpur, Matiyara Road, Saubatiabagh, Mumfordganj etc. are full of dirt and filth and there is no proper sanitation. The prevailing condition in these areas may cause epidemic and danger to the lives of citizens in these areas. In paragraph 8 of the petition it is stated that the casual approach on the part of the respondent authorities is well established by the fact that the drive to clean the drainage was more of a paper work and the silt taken out of the drainage was piled up in the vicinity and as such it again came back in the drains after these rains. In paragraph 9 it is stated that when the authorities are realizing taxes from the people e.g. house tax, water tax etc. it is their duty to provide basic civic amenities, which they have miserably failed to do. The people of these areas are forced to live in inhuman conditions. There are no medical facilities, no drinking water etc. In paragraph 10 it is stated that all this inaction and negligence on the part of the respondent authorities is in violation of Article 21 of the Constitution of India which guarantees a civilized life to the people. AnnexureI to the petition is a photograph showing these conditions in the waterlogged areas. In paragraph 11 to the petition it is stated that it was the duty of the authorities to have made arrangements much in advance to face any unforeseen circumstances by cleaning the drainage overhauling of the water pumps, checking of the telephones and electric systems and lines etc. but the Municipality and the District Administration and other authorities are only interested in collecting taxes and other charges by coercive methods without doing any part of their duties towards the suffering citizens of the town.

The petitioners, therefore, prayed that respondent should be restrained from collecting the Municipal Taxes, electricity bills, telephone bills and other dues as they have failed to provide basic civic amenities and other services. It has also been prayed that respondent, should provide drinking water and essential medical and food facilities to the needy. The respondents should take immediate steps in installing additional pumps in water logged areas in the city of Allahabad and cleaning the drains and restore the water and electric supply, telephones etc.

We are prima facie of the opinion that the public is entitled to basic amenities and other Municipal services as prayed for, by the petitioner, as that is part of Article 21 of the Constitution.

When the Municipality collects house tax, water tax etc. from the citizens obviously it is their duty to maintain proper civic amenities and to maintain drainage, water pumps etc. but they appear to have failed to do so in this connection, due to which citizens are suffering terribly.

Hence, we direct that a Committee consisting of Dr. Rama Shanker Dwivedi Sri Satya Prakash, Sri Ravi Kant, Shri T.P. Singh, Shri Rahul Chaturvedi and Sri Vinod Chandra Dubey under the Chairmanship of Dr. Rama Shanker Dwivedi, Senior Advocate of this High Court shall be set up immediately to meet and consider and discuss these problems with the authorities concerned, and the authorities well extend and shall give all cooperation and facilities to the Committee as and when required by the Committee. The authorities shall attend the meetings of the Committees on the dates and place and time intimated by the Chairman. The Committee must submit its interim report to us on the date fixed i.e. on 1292000 so that proper responsibility may be fixed as to whom was responsible for this crisis, and suggest remedial measures so that such a situation does not occur in future.

In the meantime we also direct that the administration should take all steps immediately for the relief and distress of the citizens in the affected areas of the Allahabad district, particularly supply of drinking water and removal of water logging, and cleaning the affected areas

At this stage we are not passing any further interim order, but looking to the miseries of the people we hope and trust that the authorities concerned will suspend realizing of municipal taxes, electricity and telephone charges from the people living in the affected areas for the time being.

A copy of this order will be supplied to the petitioner as well as Counsel for the respondents free of cost. Shri Pradeep Kumar, learned Addl. Chief Standing Counsel shall communicate copy of this order to the district administration, and he shall also give all assistance to the Committee constituted by us. Decided accordingly.