Markandey Katju, Sohan Lal Saraf, J. - (1.) HEARD Sri Swapnil Kumar for the petitioners, Sri S.D. Kautilya for the Nagar Nigam, Sri Arun Tandon for the Jal Sansthan, Smt. Poonam Srivastava for the Jal Nigam, Sri J.N. Sharma for the A.D.A. and the learned Standing Counsel for the District Magistrate and S.P. (City) Allahabad. They may file counter affidavits within a month. This is a public interest litigation petition and the prayer has been made to clean the choked sewer line of Bharti Bhawan Road and to maintain cleanliness there as well as in Rasoolabad Ghat, Nevada Colony, the Kidwai Nagar Girls Inter College, Allahabad and other places mentioned in para. 13 of the writ petition and to remove the garbage and wastage lying there. We summoned the officials who are present before us today. It is true that in Allahabad city cleanliness and hygienic conditions are not being properly maintained by the authorities concerned. If one goes around the city one will find garbage and refuse piled up in numerous places, uncovered drains, etc. which are bound to spread diseases. It is settled law that right to health is integral to the right to life guaranteed by Article 21 of the Constitution vide State of Punjab v. M.S. Chawla : 1997 (2) S.C.C. 83.
(2.) SINCE there is some dispute as to who is responsible for maintenance of cleaning the drainage, sewer lines etc. and for removing the garbage etc. we hereby constitute a committee headed by Sri L.P. Naithani, Senior Advocate as Chairman consisting of following other members: - - 1. Sri Prem Chandra, Advocate. 2. General Manager, Jal Sansthan. Chief Engineer, Jal Nigam.
(3.) MUKHYA Nagar Adhikari, Nagar Nigam or the officer who is holding charge of that post.;