Allahabad High Court directs DM Lucknow to form committee to remove Charbagh encroachment

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The Allahabad High Court on Monday directed the District Magistrate, Lucknow to form a joint committee of officers of different departments for inspection and removal of the encroachment around city's Nattha Tiraha near Charbagh Railway Station.

The division bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi ordered that the said Committee shall take appropriate decision in this regard and shall also evolve a time-bound action plan which shall be acted upon accordingly. Court directed the DM to also ensure that the action plan, which is evolved by the Committee, is implemented in a time-bound manner.

Court passed this order while hearing a Public Interest Litigation plea filed by Advocate R.C. Pathak, who had alleged that unusual traffic jams occur very frequently due to encroachment on both sides of the road from Nattha Tiraha to Durgapuri.

Court noted that though from perusal of the petition, Pathak's exact and clear grievance was not decipherable it appeared that near Charbagh Railway Station there is a road emanating from a trisection of roads known as Nattha Tiraha which goes to Alambagh and on both sides of the road there are some permanent/temporary encroachments.

Court further noted that the petition also stated that on account of the Metro Rail Station above the road the daily footfall on the road has increased, however, because of the encroachments the pedestrians and other commuters find it difficult even to cross the road.

Taking cognizance of the issue, Court observed, "Removal of encroachment, as we understand, is primarily the duty of the local body i.e. Lucknow Nagar Nigam. So far as the traffic management is concerned, the district traffic police has to take appropriate and adequate steps to make the traffic smooth."

Accordingly, Court directed the District Magistrate, Lucknow to hold a meeting of all the authorities concerned, namely, Superintendent of Police (Traffic) Lucknow, Nagar Ayukt, Lucknow, concerned Engineer of Public Works Department (if PWD is concerned with the maintenance of the road in question), appropriate Level Officer of Uttar Pradesh Metro Rail Corporation, Officer at appropriate Level of U.P. State Road Transport Corporation and the Divisional Railway Manager, North Eastern Railway, Lucknow and discuss the issues raised in the petition. 

Case Title: R.C. Pathak Advocate (In Person) v. Union Of India Thru.Secy.Mini.Of Home Affairs And Others