LUCKNOW vs State Of U.P. Thru. Its Prin. Secy. Deptt. Of Urban

1. Heard Shri Manav Rathore, learned counsel for the petitioners, Shri Namit Sharma, learned counsel for respondent No.2- Nagar Nigam Lucknow and learned Standing Counsel, who appears on behalf of State- respondent No.1.

2. This petition has been filed by the petitioners with the following prayers :- "a) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned resolution passed by the House of Nagar Nigam by which it has been decided to raise gateway/dwar in the name of 'Kuneshwar Baba Dwar' over the starting point of road namely Galla Mandi Road, Fatehganj which is perpendicular to main Ganeshganj, Aminabad Road, after summoning its original. b) Issue a writ, order or direction in the nature of mandamus thereby directing the opposite parties to immediately stop the construction of pillars/columns/gateway on the Fatehganj- Galla Mandi Road, Lucknow. c) direct the respondents to remove any portion of construction already raised on the Fatehganj- Galla Mandi Road, Lucknow, treating it as illegal encroachment. d) Issue such other writ order or direction as may be deemed just and proper in the facts and circumstances of the case. e) Allow the writ petition with costs."

3. It has been submitted by the learned counsel for the petitioners that the 2 WRIC No. 12079 of 2025 petitioners are residents of Fatehganj, Galla Mandi. The road is perpendicular to the main Ganeshganj, Aminabad Road, which is always congested due to heavy business activities. Almost always there is a traffic-jam-like situation on such road. The respondents have started construction of one gate, 'Kuneshwar Baba Dwar', under the Ward Development Fund on the proposal of the Corporator of the area concerned. The petitioners came to know of such decision of the Nagar Nigam only on 04.12.2025 when a team of labourers along with some officials of the Nagar Nigam came to Fatehganj, Galla Mandi, Lucknow and started digging the road in question in order to construct the alleged gate/dwar. It has been submitted that the road on which such construction is being carried out is essential for free movement of traffic. The construction of the gate will obstruct such free movement of traffic, including movement of fire tenders and ambulances in case of any emergency having to be met by the public authorities. The said Fatehganj, Galla Mandi has been in existence for more than 200 years and deals mainly with grain. It is part of the Ganeshganj, Aminabad Market. The construction of such dwar as proposed by Nagar Nigam will impair not only pedestrian movement but also compromise the safety of the residents of the locality, as the emergency situation will not be met with sufficient facility. The petitioners have no personal interest in stopping such construction; they are only concerned with their own safety and that of the market concerned.

4. They have already approached the local Member of Parliament, Shri Rajnath Singh, who is the Hon'ble Defence Minister and submitted a representation, which was forwarded by the office of the Member of Parliament to the Nagar Ayukt for further action. They have also tried to approach the local representative, but to no avail, and therefore this writ petition has been filed.

5. When the matter was taken up yesterday, this Court passed the following order :- "1. We have heard learned counsel for the petitioners, who has mentioned urgency regarding taking up this petition.

2. Shri Namit Sharma, learned counsel, who appears on behalf of the Nagar Nigam says that a proper detailed project report has been 3 WRIC No. 12079 of 2025 prepared before the proposal was put up in the Sadan of the Nagar Nigam and the proposal has been approved by the House of the Nagar Nigam after full consideration. It has also been stated that only some part of the footpath of the road leading to Galla Mandi, Ganeshganj is being used for the erection of pillars for construction of the dwar as aforesaid.

3. He is directed to produce before this Court the original file noting/proposals and the DPR, if any, prepared, including the description of the width of the pillars and the width of the road and also whether the fire brigade and ambulance can reach the residents in case of emergency.

4. Put up this matter tomorrow after fresh. "

6. Today, Shri Namit Sharma, on the basis of instructions given by Shri Ram Krishna Mishra, Assistant Engineer of Zone 1, Nagar Nigam has stated that a proposal to construct the gate was made by the local Corporator under the Ward Development Fund sometime in the first week of August, 2025. The Estimate Committee approved the proposal and the estimate on 06.08.2025 of Rs.7.7 lakhs including GST. On 23.08.2025, approval was given and publication of the notice inviting tenders was made on 26.08.2025. After following due procedure, the tender was allotted on 12.09.2025 and on 22.09.2025 the work order was issued to the contractor. The work is in progress; the foundation of the gate has already been completed. On a specific query made by this Court regarding the width of the road in question where the gate is being constructed, it has been informed that the width of the lane leading to Fatehganj, Galla Mandi is 5.3 mtrs. for a length up to 5 mtrs.; the width becomes 3.6 mtrs. and later on, after 15 mtrs., the width becomes 2.5 mtrs. and it has been submitted that even otherwise fire brigade and ambulance service cannot go inside such lane, it is a heavily congested commercial/residential area. It is admitted that the Galla Mandi has been in existence since a very long time.

7. It has also been submitted that the lane leading to Fatehganj, Galla Mandi, which lies perpendicular to Ganeshganj, Aminabad Road, is 7 mtrs. wide at the entrance and the gate is being constructed over a width of 5.3 mtrs. The distance between pillars is 5.3 mtrs. and each pillar is 750 mm in width.

8. A copy of the colour photograph taken of the area has also been shown to us by Shri Namit Sharma. 4 WRIC No. 12079 of 2025

9. We find that the Ward Development Fund can be put to better use if such frivolous expenses are avoided by the Corporator concerned. No fruitful purpose would be served by setting up a gate and calling it 'Kuneshwar Baba Dwar'. Instead, the Corporator should try and utilise the funds available for development of other civic amenities. He can ask the Municipal Corporation to help him set up fire hydrants, as it will lead to better facilities in case an emergency of fire arises.

10. We, therefore, quash decision, if any, taken by the competent authority to set up 'Kuneshwar Baba Dwar' and direct the respondents to stop the construction as proposed by the local Corporator and approved by the Estimate Committee of Nagar Nigam. Since the work order has already been issued to a contractor and he has completed foundation work, the material put in the foundation and other expenses incurred by the contractor shall be calculated as per the measurement book maintained by the engineering section of the Nagar Nigam and payment shall be made to the contractor accordingly.

11. The writ petition stands allowed to this extent. (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) December 11, 2025 Shubhankar SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Shri Manav Rathore, learned counsel for the petitioners, Shri Namit Sharma, learned counsel for respondent No.2- Nagar Nigam Lucknow and learned Standing Counsel, who appears on behalf of State- respondent No.1.

2. This petition has been filed by the petitioners with the following prayers :- "a) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned resolution passed by the House of Nagar Nigam by which it has been decided to raise gateway/dwar in the name of 'Kuneshwar Baba Dwar' over the starting point of road namely Galla Mandi Road, Fatehganj which is perpendicular to main Ganeshganj, Aminabad Road, after summoning its original. b) Issue a writ, order or direction in the nature of mandamus thereby directing the opposite parties to immediately stop the construction of pillars/columns/gateway on the Fatehganj- Galla Mandi Road, Lucknow. c) direct the respondents to remove any portion of construction already raised on the Fatehganj- Galla Mandi Road, Lucknow, treating it as illegal encroachment. d) Issue such other writ order or direction as may be deemed just and proper in the facts and circumstances of the case. e) Allow the writ petition with costs."

3. It has been submitted by the learned counsel for the petitioners that the 2 WRIC No. 12079 of 2025 petitioners are residents of Fatehganj, Galla Mandi. The road is perpendicular to the main Ganeshganj, Aminabad Road, which is always congested due to heavy business activities. Almost always there is a traffic-jam-like situation on such road. The respondents have started construction of one gate, 'Kuneshwar Baba Dwar', under the Ward Development Fund on the proposal of the Corporator of the area concerned. The petitioners came to know of such decision of the Nagar Nigam only on 04.12.2025 when a team of labourers along with some officials of the Nagar Nigam came to Fatehganj, Galla Mandi, Lucknow and started digging the road in question in order to construct the alleged gate/dwar. It has been submitted that the road on which such construction is being carried out is essential for free movement of traffic. The construction of the gate will obstruct such free movement of traffic, including movement of fire tenders and ambulances in case of any emergency having to be met by the public authorities. The said Fatehganj, Galla Mandi has been in existence for more than 200 years and deals mainly with grain. It is part of the Ganeshganj, Aminabad Market. The construction of such dwar as proposed by Nagar Nigam will impair not only pedestrian movement but also compromise the safety of the residents of the locality, as the emergency situation will not be met with sufficient facility. The petitioners have no personal interest in stopping such construction; they are only concerned with their own safety and that of the market concerned.

4. They have already approached the local Member of Parliament, Shri Rajnath Singh, who is the Hon'ble Defence Minister and submitted a representation, which was forwarded by the office of the Member of Parliament to the Nagar Ayukt for further action. They have also tried to approach the local representative, but to no avail, and therefore this writ petition has been filed.

5. When the matter was taken up yesterday, this Court passed the following order :- "1. We have heard learned counsel for the petitioners, who has mentioned urgency regarding taking up this petition.

2. Shri Namit Sharma, learned counsel, who appears on behalf of the Nagar Nigam says that a proper detailed project report has been 3 WRIC No. 12079 of 2025 prepared before the proposal was put up in the Sadan of the Nagar Nigam and the proposal has been approved by the House of the Nagar Nigam after full consideration. It has also been stated that only some part of the footpath of the road leading to Galla Mandi, Ganeshganj is being used for the erection of pillars for construction of the dwar as aforesaid.

3. He is directed to produce before this Court the original file noting/proposals and the DPR, if any, prepared, including the description of the width of the pillars and the width of the road and also whether the fire brigade and ambulance can reach the residents in case of emergency.

4. Put up this matter tomorrow after fresh. "

6. Today, Shri Namit Sharma, on the basis of instructions given by Shri Ram Krishna Mishra, Assistant Engineer of Zone 1, Nagar Nigam has stated that a proposal to construct the gate was made by the local Corporator under the Ward Development Fund sometime in the first week of August, 2025. The Estimate Committee approved the proposal and the estimate on 06.08.2025 of Rs.7.7 lakhs including GST. On 23.08.2025, approval was given and publication of the notice inviting tenders was made on 26.08.2025. After following due procedure, the tender was allotted on 12.09.2025 and on 22.09.2025 the work order was issued to the contractor. The work is in progress; the foundation of the gate has already been completed. On a specific query made by this Court regarding the width of the road in question where the gate is being constructed, it has been informed that the width of the lane leading to Fatehganj, Galla Mandi is 5.3 mtrs. for a length up to 5 mtrs.; the width becomes 3.6 mtrs. and later on, after 15 mtrs., the width becomes 2.5 mtrs. and it has been submitted that even otherwise fire brigade and ambulance service cannot go inside such lane, it is a heavily congested commercial/residential area. It is admitted that the Galla Mandi has been in existence since a very long time.

7. It has also been submitted that the lane leading to Fatehganj, Galla Mandi, which lies perpendicular to Ganeshganj, Aminabad Road, is 7 mtrs. wide at the entrance and the gate is being constructed over a width of 5.3 mtrs. The distance between pillars is 5.3 mtrs. and each pillar is 750 mm in width.

8. A copy of the colour photograph taken of the area has also been shown to us by Shri Namit Sharma. 4 WRIC No. 12079 of 2025

9. We find that the Ward Development Fund can be put to better use if such frivolous expenses are avoided by the Corporator concerned. No fruitful purpose would be served by setting up a gate and calling it 'Kuneshwar Baba Dwar'. Instead, the Corporator should try and utilise the funds available for development of other civic amenities. He can ask the Municipal Corporation to help him set up fire hydrants, as it will lead to better facilities in case an emergency of fire arises.

10. We, therefore, quash decision, if any, taken by the competent authority to set up 'Kuneshwar Baba Dwar' and direct the respondents to stop the construction as proposed by the local Corporator and approved by the Estimate Committee of Nagar Nigam. Since the work order has already been issued to a contractor and he has completed foundation work, the material put in the foundation and other expenses incurred by the contractor shall be calculated as per the measurement book maintained by the engineering section of the Nagar Nigam and payment shall be made to the contractor accordingly.

11. The writ petition stands allowed to this extent. (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) December 11, 2025 Shubhankar SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench