- (1.) The present Public Interest Litigation was taken up for consideration of compliances effected in respect of directions issued on 20 May 2016. A: NAGAR NIGAM FINANCES:
(2.) Learned Chief Standing Counsel submitted with reference to the financial outlays set apart for the Nagar Nigam, Allahabad that the same was in accordance with the budgetary plans drawn up by the State Government. His attention was specifically drawn to the earlier orders of the Court in terms of which the Principal Secretary (Finance) was directed to revisit the entire matter along with the Principal Secretary, (Nagar Vikas), the Municipal Commissioner and the Commissioner, Allahabad. Pursuant to the earlier directions issued, the Nagar Nigam Allahabad was directed to place its concrete proposals to highlight the shortfalls being faced by it and the projects for which immediate finance was required. We however, find that these directions do not appear to have been implemented either in letter or in spirit. The learned Chief Standing Counsel in the absence of detailed instructions, was unable to inform us of whether any meetings had been held pursuant to the earlier directions issued on this PIL and if so whether any concrete decisions had been taken. The severe resource crunch which is being faced by the Nagar Nigam Allahabad is evident from what stands disclosed in paragraph 5 of its affidavit filed today, wherein it is asserted that against a budgetary requirement of Rs. 12.17 crores per month, the sanctioned outlay works out to only Rs. 8.40 crores per month. Learned counsel for the Nagar Nigam has further and during the course of his oral submissions before us also highlighted the fact that presently, the Nagar Nigam is unable to even meet its liabilities and obligations towards the salary and wage bill of various conservancy staff engaged on contractual basis. We, therefore, issue a direction that the Municipal Commissioner, Allahabad shall forthwith bring this and other allied aspects to the notice of the Principal Secretary (Finance) as well as the Principal Secretary, Nagar Vikas, who shall convene a joint meeting for consideration of the proposals submitted by the Nagar Nigam, Allahabad. The meetings to be convened by the Principal Secretary (Finance) shall also include the Principal Secretary (Nagar Vikas), the Municipal Commissioner, Allahabad as well as the Commissioner of the Allahabad Division. B. LEVY, ASSESSMENT AND COLLECTION OF USER CHARGES:
(3.) In our earlier order dated 20.5.2016, we had noted that as per the affidavit of the Nagar Nigam itself a sum of Rs. 9,82,36,322/- was liable to be collected by it from various statutory bodies including universities, educational institutions, corporations, societies and such entities of the Union which enjoyed the protection of Article 285 of the Constitution. From the affidavit filed today, we find that a demand was raised against the North Central Railways on 20 September 2013 followed by a subsequent demand dated 9 February 2016. As per the Nagar Nigam the total amounts assessed as payable by the North Central Railways as disclosed in the aforementioned two demand notices was a sum of Rs. 1.56 crores and 2.96 crores respectively. The affidavit has also brought on record a chart showing the total claims raised by the Nagar Nigam against various other statutory authorities which according to it are still outstanding and payable. As Annexure-5 to the affidavit would indicate (and which we note with concern) a sum of Rs. 31,85,70,426.19 is stated to be recoverable from 28 institutions referred to in the chart. The affidavit however, is totally silent, yet again, on what steps the Nagar Nigam has actually taken to recover and collect the dues as disclosed in Annexure-5. We are constrained to observe that the Nagar Nigam Allahabad like any other municipal body in today's time cannot function solely on the basis of grants that it may receive from the concerned Government. This especially when the Government itself has to work bearing in mind its own budgetary priorities and limitations. In order to meet its obligations and with a view to achieve completion of various statutory obligations, it must necessarily take all requisite steps to ensure that the revenues which are liable to be collected and recovered by it are not left to exist as mere numerical figures on its records. If the Nagar Nigam is to achieve viability and plan for the growing needs of the populace whose needs are to be addressed, it is but necessary that it take proactive steps to ensure that the money legally due and payable to it is recovered at the earliest. This would also obviate the specter of the gap between its liabilities and revenues which it currently faces. We accordingly issue peremptory directions to the Municipal Commissioner to ensure that all steps as may be permissible in law are taken forthwith to ensure the levy, assessment and recovery of user charges and other dues payable either in terms of the Circular of the Government of India dated 17 December 2009 or in accordance with the provisions of the U.P. Municipal Corporation (Levying of User Charges and Regulation of its Procedure and Execution) Rules, 2014. We may add that any steps that may be liable to be taken in order to energise the provisions of the 2014 Rules referred to above shall also be forthwith taken both at the level of the State Government as well as the Nagar Nigam, Allahabad. C. ALLAHABAD DEVELOPMENT AUTHORITY-TOWN PLANNING:;