Court seeks affidavits from development authorities and municipal corporation on provisions for garbage disposal, transformers, police stations, fire stations, and medical facilities in new urban layouts
In a suo motu Public Interest Litigation concerning town planning and the provision of necessary amenities, the Allahabad High Court (Lucknow Bench, Division Bench) has called for a thorough assessment of the current layout plans and building by-laws to ensure that essential public amenities are adequately provided in new colonies, schemes, and towns in Uttar Pradesh.
The judgment dated 26 October 2026, authored by Justices Rajan Roy and Manjive Shukla, emphasizes the critical need for urban planning authorities to incorporate space for garbage dumping, transformer installations, police stations, police booths, fire stations, and medical facilities in layout plans. The court directed the Lucknow Development Authority and Awas Evam Vikas Parishad to file detailed affidavits demonstrating compliance with the new Building By-laws that came into force in 2025, particularly referencing the specific provisions and layout plans that provide for these amenities.
The court also mandated that the affidavits specify whether, during the preparation of layout plans, consultations are held with relevant public institutions such as the Electricity Corporation or Department. Such collaboration is vital to earmark appropriate spaces for infrastructure like transformers. Furthermore, the court sought disclosure of other departments, corporations, or public undertakings involved in the planning process.
Significantly, the Municipal Corporation of Lucknow was directed to submit its suggestions regarding the amenities necessary in layout plans, including public safety facilities like police and fire stations and healthcare facilities such as clinics and hospitals. The affidavits from all parties are to be exchanged to enable a comprehensive response, given the suo motu nature of the proceedings.
Additionally, the court instructed the state authorities, including the Additional Chief Standing Counsel, to ensure compliance by all respondents and correct the misnomer of the Chief Town and Country Planner from the Lucknow Development Authority to the Government of Uttar Pradesh.
The bench further mandated the preparation of a forward-looking, comprehensive roadmap for urban planning. This roadmap is to anticipate future citizen needs and evaluate whether amendments in the rules or guidelines governing town planning are necessary to accommodate evolving requirements.
To assist in these proceedings, the court appointed an Amicus Curiae, Advocate Rakesh Devi Prasad Kumar, to provide expert guidance.
The next hearing is scheduled for 7 December 2026, by which time all directed affidavits are expected to be filed.
This judgment underscores the judiciary's proactive role in ensuring that urban development in Uttar Pradesh aligns with public interest by mandating the integration of essential civic amenities into town planning frameworks.
Bottom Line:
Public Interest Litigation concerning town planning and layout plans - High Court sought affidavits from development authorities, State authorities and Municipal Corporation on whether layout plans and building by-laws provide for essential public amenities such as garbage dumping space, transformer installation, police stations/booths, fire stations and medical facilities - Court also called for a comprehensive future road map for urban planning anticipating citizens' needs.
Statutory provision(s): Building By-laws 2025, Town Planning Regulations (U.P.), Municipal Corporation Act (relevant provisions related to urban amenities)
