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Allahabad High Court

AMRIT SINGH YADAVversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The court held that the petition cannot be entertained as the duty of cleaning drains rests with the Nagar Nigam and is not within the court's jurisdiction in a PIL.

Summary

The petitioner filed a public interest litigation seeking a court direction to the State of Uttar Pradesh and other respondents to clean and repair blocked drains that have caused waterlogging, foul odor, and vector-borne disease hazards for over thirty years. The petition cited a 2024 repair expenditure of Rs. 9.28 lakh and alleged that despite promises, the drains remained uncleaned. The respondents argued that the duty of cleaning lies with the Nagar Nigam and that the court should not intervene in routine municipal functions. The High Court held that the matter falls within the administrative purview of the municipal authority and that a PIL cannot be entertained to compel such cleaning. Consequently, the petition was disposed of without any order directing the respondents to act.

Issues considered

  • What is the appropriate jurisdiction of the High Court in a PIL seeking directions for municipal drainage cleaning?
  • Can the court issue a mandatory direction to a municipal corporation for routine sanitation duties?

Subjects

  • public interest litigation
  • municipal sanitation
  • drainage
  • environmental health
  • jurisdiction
  • municipal corporation duty

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
          PUBLIC INTEREST LITIGATION (PIL) No. - 521 of 2026

Amrit Singh Yadav
                                                             .....Petitioner(s)
                                   Versus

State of U.P. and 4 others
                                                           .....Respondent(s)

Counsel for Petitioner(s)       : Adiba Khatoon,           Aditya     Kumar
                                  Kashyap


Counsel for Respondent(s)       : Rajiv Singh, S.C., Ishita Yadav, Pooja
                                  Talwar, Vibhu Rai, Vikas Rastogi,
                                  Vijay Bahadur Maurya, Sushil Kumar
                                  Pal

Chief Justice's Court
            HON'BLE ARUN BHANSALI, CHIEF JUSTICE
            HON'BLE KSHITIJ SHAILENDRA, J.

1. This petition has been filed by the petitioner seeking a direction to the
respondents to take immediate action/steps regarding blockage of drains,
which have not been repaired since last 30 years leading to water logging,
foul odor, mosquito and fly infestations forthwith.

2. Instructions were produced inter alia indicating that in the year 2024,
repairing work was undertaken to the tune of Rs. 9.28 lakh and further
indication has been made that the drains, which are damaged in last three
years, they would be repaired within a period of one month. As
allegations in the petition pertained to inaction for over six years, counsel
was required to file a supplementary affidavit.

3. Supplementary affidavit has been filed, which necessarily indicates that
the drains though exist have not been cleaned.

4. Filing of petition seeking a direction for cleaning of the drains etc. in a
case of present nature, cannot be countenanced. It is even otherwise the
duty of Nagar Nigam to ensure that the drains are regularly cleaned.
                                                                                             WPIL No. 521 of 2026
                                                                   2


                                    5. In that view of the matter, we do not find any reason to keep the present
                                    PIL pending, the same is accordingly disposed of.



                                                                 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
                                    May 7, 2026
                                    Sandeep/AKShukla




Digitally signed by :-
SANDEEP KUMAR
High Court of Judicature at Allahabad


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