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Synopsis

The Allahabad High Court on Wednesday, April 24, 2024 initiated a suo motu Public Interest Litigation (PIL) to address the problem of open manholes and ducts in Lucknow.

The bench of Justices Rajan Roy and Om Prakash Shukla took note of a newspaper report published in the Times of India newspaper, Lucknow on April 24 regarding the tragic death of an 8-year-old boy who fell into a manhole. Adv Adarsh Mehrotra brought this report to the court's attention.

According to the news report, the boy, driven by curiosity about the open manhole, accidentally slipped into it, resulting in his tragic demise.

Advocate Mehrotra pointed out that another news item published in the same newspaper highlighted that there are multiple open manholes and ducts across the city, leaving the possibility for similar incidents to happen in the future.

He argued that the Municipal Corporation is the authority responsible for ensuring that no manhole is left open, yet it failed to fulfill this duty, leading to the unfortunate incident mentioned in the TOI newspaper.

Therefore, Advocate Mehrotra urged the court to take suo-motu cognizance of the matter and order registration of a PIL.

The division bench said that the matter mentioned was an important matter involving the public's interest, which required the Municipal Corporation's attention.

"We would also like to know the correct facts as to how such an incident occurred and whether there is any lapse on the part of the Municipal Authorities; whether there are other manholes or ducts in the city which are lying open, if so, what steps are being taken in this regard by the Municipal Authorities", the bench said. 

Therefore, in order to safeguard the lives and well-being of Lucknow's residents from the dangers posed by the negligence and non-compliance of statutory duties by the Municipal Corporation, its officers, and employees, the High Court directed the registry to initiate a PIL titled "Suo-Motu Inre: Open Manholes and Ducts within the municipal limits of Lucknow posing a danger to life of the residents".

Court directed the Municipal Corporation of Lucknow through its Commissioner and Lucknow Development Authority through its Vice-Chairman to be arrayed as opposite parties. Additionally, the registry was ordered to place the registered PIL before the appropriate Bench on Tuesday, April 30, 2024.

Case Title: Suo Motu