Court mandates affidavit on sanitation issues and highlights lack of space for garbage collection and transformer installation in development plans, calling for comprehensive urban planning reforms.
In a significant judgment delivered on September 30, 2026, the Allahabad High Court, Lucknow Bench, addressed a Public Interest Litigation (PIL) concerning sanitation and urban planning deficiencies in Uttar Pradesh. The petitioner, Kuldeep, raised concerns over persistent garbage dumping and lack of cleaning in a locality despite an earlier court order dated September 3, 2026.
During the hearing, counsel for the respondents, representing the State of Uttar Pradesh and other authorities, claimed compliance with the court's directives, submitting photographs and instructions as evidence. However, the petitioner disputed these claims, asserting that the garbage dumping and uncleanliness continued unabated. In response, the Court directed the respondents to file an affidavit within one week detailing the measures taken in compliance with the prior order, thereby ensuring greater accountability and transparency.
Beyond the immediate sanitation issue, the Court took cognizance of a broader and systemic problem raised by the Nagar Nigam's counsel. It was brought to the Court's attention that development authorities, including the Avas Evam Vikas Parishad, fail to allocate dedicated spaces for garbage dumping and collection in their layout plans. Additionally, these plans often omit provisions for the installation of electrical transformers, resulting in their placement on roadsides, obstructing traffic and causing inconvenience to residents.
Highlighting the public health, hygiene, and safety implications of these planning oversights, the Court recognized the urgent need for a comprehensive review of urban planning strategies. To address this, the Court directed the Registry to register a separate Suo Motu PIL titled "In Re - Layout Plan / Town Planning and Provision of Necessary Amenities." This new PIL aims to examine and enforce the inclusion of essential civic amenities in urban layout plans, keeping in mind the evolving and future needs of towns and cities.
The Court instructed the office to array multiple State authorities as opposite parties in the Suo Motu PIL. These include the Additional Chief Secretaries and Principal Secretaries of Housing and Urban Planning, Urban Development, the Housing Commissioner of U.P. Avas Evam Vikas Parishad, Chief Town and Country Planner, Vice Chairman of Lucknow Development Authority, Municipal Commissioner of Lucknow Municipal Corporation, Managing Directors of U.P. Power Corporation and Madhyanchal Vidyut Vitaran Nigam Ltd. Notices will be served to these authorities through their Chief Standing Counsels.
The Suo Motu PIL is scheduled to be placed before the concerned Court on October 16, 2026, as a fresh matter. The scope of this PIL will include ensuring that future layout plans incorporate adequate space for garbage management and transformer installations, thereby promoting healthier, safer, and more efficient urban living environments.
This judgment not only addresses immediate sanitation grievances but also paves the way for systematic reforms in urban planning and civic amenities provisioning in Uttar Pradesh, setting a precedent for other states to follow.
Bottom Line:
Public Interest Litigation concerning sanitation and urban planning - On grievance regarding garbage dumping and lack of cleaning, Court directed filing of affidavit regarding compliance of earlier order - Court further took cognizance of larger issue that layout plans prepared by development authorities do not earmark space for garbage dumping/collection and installation of transformers, affecting healthy, hygienic and safe living - Directed registration of separate Suo Motu PIL on layout planning and provision of necessary amenities.
Statutory provision(s):
Public Interest Litigation.
Kuldeep v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2991980
