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Allahabad HC directs Municipal Corporation of Varanasi to submit details relating to the schemes implemented in line with Article 243W of the Constitution of India

By Parul Singhal      26 October, 2020 03:03 PM      0 Comments
Allahabad HC Article 243W Constitution of India

The Division Bench of Chief Justice Govind Mathur and Justice Siddhartha Varma while hearing a PIL filed by Dhyanesh Bhattacharya and four others on a serious issue with regard to failing in the discharge of public duties by the Urban Local Self Government directed the Municipal Authorities of Varanasi to submit all details relating to the schemes available with the Municipal Corporation, Varanasi and their execution relating to entries referred to in serial no. 6,8,10,122 and 15 in the 12th schedule of the Constitution of India. 

The Allahabad High Court has held that “Having considered the facts stated in the petition for the writ and also stated during the course of arguments, we deem it appropriate to have a complete response from the Municipal Corporation, Varanasi and their execution relating to entries referred to at serial no. 6, 8, 10, 12 and 15 in Twelfth Schedule of the Constitution of India”. 

As per Article 243W of the Constitution of India States that municipalities are supposed to perform functions and are required to implement schemes as may be entrusted to them, including those in relation to the matters listed in the twelfth schedule. It prescribes as many as 18 items relating to which municipalities are required to perform and are also required to execute certain schemes.

The objection of the petitioners is that Nagar Nigam, Varanasi utterly failed in its duties at least vis-à-vis public health, sanitation conservancy, and solid waste management. They have ignored Urban forestry, protection of the environment, slum improvement and up-gradation, etc. 

The Court has ordered the personal appearance of Commissioner, Municipal Corporation, Varanasi on the next date of hearing. 

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