Om Shankar Misra And 6 Others vs. State Of U.P. Thru. Its Prin. Secy. Deptt. Of Urban Development, Lko. And Another

Held

The Court quashed the decision to set up the 'Kuneshwar Baba Dwar' and directed the respondents to stop the construction. The Court found that the Ward Development Fund could be put to better use by avoiding such frivolous expenses. Instead of constructing the gate, the Corporator should utilize the funds for other civic amenities, such as setting up fire hydrants, which would provide better facilities in case of fire emergencies. While the work order had been issued and foundation work completed, the Court directed that the material used and expenses incurred by the contractor be calculated as per the measurement book maintained by the Nagar Nigam's engineering section, and payment be made accordingly. The writ petition was allowed to this extent. The Court did not expressly leave any issue undecided.

Facts

The petitioners, residents of Fatehganj, Galla Mandi, Lucknow, filed a writ petition challenging a resolution by the Nagar Nigam to construct a gateway named 'Kuneshwar Baba Dwar' on Fatehganj, Galla Mandi Road. This road is a congested commercial area and crucial for traffic movement, including emergency services. The petitioners learned of the construction on December 4, 2025, when digging began. They argued that the gate would obstruct traffic, impede emergency vehicle access, and compromise resident safety. They had previously represented to local authorities and a Member of Parliament without success. The Nagar Nigam stated that a detailed project report was prepared, the proposal was approved by the House, and only a portion of the footpath was being used. The construction, estimated at Rs. 7.7 lakhs including GST, was initiated in August 2025, with the work order issued in September 2025 and foundation work completed.

Key Issues

1. Whether the construction of the 'Kuneshwar Baba Dwar' on Fatehganj, Galla Mandi Road, Lucknow, is legally permissible and in the public interest, considering its potential to obstruct traffic and emergency services, thereby violating the principles of good governance and public welfare? (This issue turns on the general powers of the Nagar Nigam and the principles of public interest and reasonableness in administrative action). Contentions: Petitioner: The construction is illegal as it obstructs a vital road, hinders emergency services like fire tenders and ambulances, and compromises the safety of residents and the market. They argue the Ward Development Fund could be better utilized for civic amenities. Revenue/State (Nagar Nigam): A proper detailed project report was prepared, the proposal was approved by the Nagar Nigam House after full consideration, and only a part of the footpath is being used. The lane's width is such that emergency services cannot access it even without the gate. The construction is being carried out following due procedure.