(0)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(CIVIL WRIT JURISDICTION)
W. P. (PIL) NO. OF 2014
Md. Shadab Ansari …Petitioner
Versus
State of Jharkhand and Ors. …Respondents
Subject:-PIL
INDEX
Sl. Annexure Particulars Page
No.
1 SYNOPSIS
2 An application U/A
226 of Constitution of
India with Affidavit.
3 Annexure- JNNURM PROJECTS
1 IMPLEMENTATION
STATUS of dated
21/01/2014
downloaded from
JNNURM website.
4 Annexure- The true photocopy of
2 representation dt.
13/3/2014 filed by the
petitioner.
5 Annexure- The true photocopy of
3 news clipping dt.
12.04.2014 published
in The Telegraph and
other News papers.
6 Annexure- The true-copy of
4 pictures taken by
petitioner in different
locality.
7 Annexure- The true-copy of
5 pictures of Kohinoor
(1)
Maidan and Hirapur
Children’s Park.
8 Annexure- Printout of news clipping
6 dt. 08/02/2014 from
online edition of The
Telegraph.
9 Annexure- Printout of Section 70 of
6 Jharkhand Municipal
Act 2011 for ready
reference.
*****VAKALATNAMA*****
(2)
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (PIL) No. of 2014
In the matter of:-
An application under
Article 226 Constitution of
India.
And
In the matter of:-
Md. Shadab Ansari, S/o Md. Reyazuddin Ansari,
Resident of Yateem Khana Road, Naya Bazaar, P.O.
Dhanbad, P.S. –Bank More, Dist.- Dhanbad
… Petitioner
Versus
1. The State of Jharkhand, through the Secretary,
Urban Development Department, P.O. & P.S.
Dhurwa, District- Ranchi.
2. The Chief Executive Officer, Dhanbad
Municipal Corporation, P.S.- Bank More, P.O.
& Dist.-Dhanbad.
(3)
3. The Deputy Commissioner, Dhanbad, At- P.O.,
P.S. & Dist-Dhanbad.
... Respondents
To,
The Hon’ble Mrs. Justice R. Banumathi the
Chief Justice of the Jharkhand High Court at
Ranchi and her other companion Judges of the
said Hon’ble Court.
The humble petition
on behalf of the
petitioners above
named.
MOST RESPECTFULLY SHOWETH:
1. That the Petitioners through this writ
petition seeks the following reliefs by issuance of
appropriate writ(s)/ order(s)/ direction(s) :
A. For issuance of an appropriate writ(s)/ order(s)/
direction(s) directing and commanding upon the
respondent no. - 2, for immediate disposal of
representation dated 13/3/2014 filed by the
petitioner.
B. For issuance of an appropriate writ(s)/ order(s)/
direction(s) directing and commanding upon the
(4)
respondents authority to immediately and
intermittently cleaning of garbage in Dhanbad
city, and for improvement of sewerage system as
to perform their statutory duty under section 70
of the Jharkhand Municipal Act 2011.
C. For issuance of an appropriate writ(s)/ order(s)/
direction(s) directing and commanding upon the
respondents authority, for immediate
planting/installing of dustbins in highly garbage
concentrated zones.
D. For issuance of an appropriate writ(s)/ order(s)/
direction(s) directing and commanding upon the
respondents authority to complete the JNNURM
Water Supply and Solid Waste Management
project within 6 month from the order of your
lordships.
E. For issuance of an appropriate writ(s)/ order(s)/
direction(s) directing and commanding upon the
respondents authority to provide reasonable civic
amenities for the public at large such as making
availability of parks and playgrounds in every
vicinity, improvement of the pathetic conditions of
roads, maintenance/Cleanliness of Ponds,
Removal of Illegal Vehicle parking, proper
functional of Street Lights and High Mast Lights
and for making a proper system of cleanliness of
the city.
(5)
F. Pass such further order or orders as Your
Lordships may deem fit and proper for the ends of
justice;
2. That the following question of law for the
consideration of Your Lordships:
a. Whether the Respondent Authorities
are chief functionary for the Jharkhand
Municipality Act, 2011?
b. Whether the respondents are
responsible for non availability of civic
amenities to the residents of Dhanbad city?
G. Whether the respondents-authorities are bound
to act upon the functions contained in Section
70 of the Jharkhand Municipal Act 2011?
H. Whether the in-actions on part of the
respondents-authorities are arbitrary and
whimsical in not acting as per the Jharkhand
Municipality Act, 2011?
3. That the petitioner is a regular practising lawyer
at Dhanbad Civil Courts at Dhanbad. He is a
responsible citizen of India and falls within the
jurisdiction of this Hon’ble Court.
(6)
4. That the petitioner, severally has felt it absolutely
necessary to bring to the notice of the Hon’ble
Court about the gross illegalities on the part of
the respondent authorities.
5. That the instant application is being filed in
public interest on behalf of the people living in
Dhanbad Municipal Area within the district of
Dhanbad who are forced to live in very
unhygienic and dirty condition. That the
petitioner is filing this public interest litigation
for the benefits of public at large more
particularly the people living under Dhanbad
Municipal Area.
6. That Dhanbad Municipal Corporation (hereinafter
referred as DMC, Dhanbad) formed as per
notification vide Establishment/Formation–
101/5334/Urban Development Department,
Ranchi of dated 01-02-2006, since the formation
of the said corporation no any concrete and
substantive steps have been taken by the
officials of corporation to improve civic amenities
which is their prime concern. No significant
facility/services were provided by them
consequently the situation became worst.
7. That after the formation of DMC, Dhanbad
various taxes/ levy/charges have been imposed
that have been increased without any
(7)
improvement in quality of services provided by
the respondents.
8. That the DMC Dhanbad was provided sufficient
fund by central government under two projects for
Improvement of Water Supply and for Solid
Waste Management in the year 2008-2009under
Jawaharlal Nehru National Urban Renewal Mission
(JnNURM), a Government of India programme to
improve the quality of life and infrastructure in the
cities which aims at creating ‘economically
productive, efficient, equitable and responsive Cities’
by a strategy of upgrading the social and economic
infrastructure in cities, provision of Basic Services to
Urban Poor (BSUP) and wide-ranging urban sector
reforms to strengthen municipal governance in
accordance with the 74th Constitutional Amendment
Act, 1992.
9. It is humbly stated that due to incompetency,
negligence and in lack of effective monitoring by
the respondent authorities till 21/01/2014 only
5% of work has been completed so far in regard
to the solid waste management project and only
40% work have been completed so far under
water supply project.
True copy of JNNURM projects
implementation status of dated
(8)
21/01/2014 downloaded from
JNNURM website is annexed
herewith and marked as
Annexure-1 to this application.
10. That, the respondent no. 2 had outsourced
agency for implementation of the project in
regard to the sanitation and waste management
work and allotted the tender to A to Z Company,
but due to their terrible work the contract had
been cancelled and since then people of
Dhanbad has been suffering.
11. That it is humbly stated that the decision of
respondents for cancelling the contract with
outsourced ineffective agency may absolute, but
without making any alternative management it
seems an illogical decision.
12. That it is stated that the respondents have not
given any heed to the representation submitted
by the petitioner as a result, the condition of the
town deteriorated day by day and local residents
are being suffered.
13. That it is stated that on April 12, 2014, a news
published in “The Telegraph” with heading that
“Want votes, clean our town first” regarding the
garbage spills on to the road at Jharia Bazar in
Dhanbad. Apart from that, The Telegraph,
(9)
Dainik Bhaskar and Prabhat Khabar are
regularly publishing news regarding sanitation
but respondents never tried to address the
problems of people of Dhanbad.
The true photocopy/printout of
news clipping dt. 12.04.2014
published in The Telegraph,
Dainik Bhaskar and Prabhat
Khabar are being filed herewith
and marked as Annexure-2 to
this application.
14. That after reading this news and being a
responsible citizen the petitioner, himself visited
the town area and taken pictures of parks,
garbage, drains, the areas falling under the
DMC, Dhanbad, by which it is apparent that,
now-a-days the Dhanbad Municipality Area
became worst. It is pertinent to mention here
that the chances are very high that some
epidemic will spread due to the unhygienic
condition of the city.
The true-copy of pictures
taken in different locality
is being filed herewith and
marked as Annexure-3
series to this application.
(10)
15. That it is humbly stated that playground and
parks have become dump yard for the garbage
and it has been illegally encroached. The
petitioner took pictures Kohinoor Maidan,
Dhanbad and Children’s Park Hirapur and the
pictures speaks itself.
The true-copy of pictures of
Kohinoor Maidan and
Children’s Park are being filed
herewith and marked as
Annexure-4 series to this
application.
16. That it is humbly stated that the condition of
historic Raja Talab of Jharia, whose cleaning
and beautification work was started thrice by the
respondents and lakhs of rupees spent on it but
the work never completed. The historic Raja
Talab of Jharia is still in same condition drain
water fall into it making it polluted. The story is
covered by The Telegraph of its 08/02/2014
publication.
The printout of news clipping
dt. 08/02/2014 from online
edition of The Telegraph is
being filed herewith and
marked as Annexure-5 series
to this application.
(11)
17. That it is stated that the petitioner has submitted
a representation to the CEO/Administrator,
DMC, Dhanbad (in short DMC, Dhanbad) on
dated 13/3/2014 regarding the proper cleaning
of area comes under their jurisdiction and
improving the quality of other amenities
provided/maintained by the DMC, Dhanbad, as
the condition of the town deteriorating day by
day due to the inaction on the part of the
Respondents.
Photocopy of representation
dated 13/3/2014 filed by the
petitioner is hereby annexed as
Annexure-6 to this application.
18. That it is humbly stated that no action was taken
by the respondent on the representation dated
13/3/2014 filed by the petitioner.
19. That it is submitted that the Respondent
Authorities are chief functionary for the
Jharkhand Municipality Act, 2011.
20. That it is submitted that the Municipal
Corporation is responsible for non availability of
civic amenities to the residents of Dhanbad city.
21. That it is submitted that the respondents-
authorities are bound to act upon as contained
(12)
in Section 70 of the Jharkhand Municipal Act
2011.
22. That it is submitted that the in-actions of the
respondents-authorities is arbitrary and
whimsical in not acting as per the Jharkhand
Municipality Act, 2011.
23. That the petitioner has no efficacious alternate
remedy than to invoke the inherent powers of
this Hon’ble High Court as enshrined under
Article 226 of the Constitution of India.
24. That the petitioner has not moved any time
earlier for the selfsame relief(s) as sought for in
this application.
25. That the instant application is being filed bona
fide and in the interest of public.
26. That other and further grounds shall be urged at
the time of hearing this application.
It is therefore most humbly prayed that
Your lordships may graciously be pleased
to issue notice upon the respondents-
authorities and after return of the rule;
further be pleased to made absolute by
allowing the prayer as contained at para-1
of this application which is as follows:-
(13)
A. For issuance of an appropriate writ(s)/
order(s)/ direction(s) directing and
commanding upon the respondent no. -
2, for immediate disposal of
representation dt. 13/3/2014 filed by
the petitioner.
B. For issuance of an appropriate writ(s)/
order(s)/ direction(s) directing and
commanding upon the respondents
authority to immediately and
intermittently cleaning of garbage in
Dhanbad city, and for improvement of
sewerage system as to perform their
statutory duty under section 70 of the
Jharkhand Municipal Act 2011.
C. For issuance of an appropriate writ(s)/
order(s)/ direction(s) directing and
commanding upon the respondents
authority, for immediate
planting/installing of dustbins in highly
garbage concentrated zones.
D. For issuance of an appropriate writ(s)/
order(s)/ direction(s) directing and
commanding upon the respondents
authority to complete the JNNURM
Water Supply and Solid Waste
(14)
Management project within 6 month
from the order of your lordships.
E. For issuance of an appropriate writ(s)/
order(s)/ direction(s) directing and
commanding upon the respondents
authority to provide reasonable civic
amenities for the public at large such
as making availability of parks and
playgrounds in every vicinity,
improvement of the pathetic conditions
of roads, maintenance/Cleanliness of
Ponds, Removal of Illegal Vehicle
parking, proper functional of Street
Lights and High Mast Lights and for
making a proper system of cleanliness
of the city.
F. Pass such further order or orders as
Your Lordships may deem fit and
proper for the ends of justice;
AND for which the petitioner shall ever pray.
(15)
AFFIDAVIT
I, Md. Shadab Ansari, S/o Md Reyazuddin Ansari,
Resident of Yateem Khana, Road Naya Bazaar P.S. Bank
More, P.O & District- Dhanbad, do here by solemnly
affirm and state as follows;-
1. That I am the petitioner in this case and the petition
is drafted on my instruction as such I am well
acquainted with the facts and circumstances of the
case.
2. That the contents of this petition and affidavit have
been read by me and I have understood the same.
3. That the contents of this writ petition are true to the
best of my knowledge.
4. That the statements made in Paragraphs no..............
...........true to the best of my personal knowledge and
those statement of paragraphs no........................ are
derived from the records and the remaining
paragraphs are by way of submission.
5. That the annexures are true / photo copies and
printouts of their respective original.
Verified, Sworn and signed by me on …………….… at
Ranchi.
