Allahabad High Court: In three public interest litigation petitions against the unauthorised hotels functioning in the city, the division bench of Rajesh Bindal, C.J. and Brij Raj Singh, J. said that the Lucknow Development Authority has failed to take any action against the unauthorised hotels even after the Levana Suites fire case.
The issue raised was regarding misuse of the place which was allotted for a Club. Grievance has also been raised regarding the use of loudspeakers, as the place is being used as a marriage hall, which is disturbing the peace of the residents in the surrounding area. Further, in another petition the issue was the noise pollution caused by modified silencers and pressure horns. In the third petition the issue was the additional/extra fittings attached on various motor vehicles and entry of heavy motor vehicles in the city during prohibited hours.
Lucknow Development Authority seeks time to file comprehensive affidavit explaining the terms and conditions for selling the land to be used as Club and carry out inspection thereof and apprise the Court as to whether there is any violation either in construction or use of the place.
The Court noted that though an affidavit has been filed by the State giving certain figures regarding challans issued, however, the menace of modified vehicles and entry of heavy vehicles in prohibited areas during daytime, is still not taken care of.
Further, the Court took note of the incident that occurred in the city, where on account of a DJ playing at a function in a hotel, the people there, set on fire the car of a man who complained regarding the noise of the DJ.
The Court noted that earlier also, on account of the issue regarding the running of unauthorised hotels, a suo motu public interest litigation was registered in Suo Moto v. State of U.P., 2022 SCC OnLine All 613.At that time, a major fire had taken place in a hotel, which was constructed and being run unauthorisedly. Since then, a period of about 4 months has passed, however, it is established that unauthorised hotels are still functioning in the city andthat means Lucknow Development Authority has failed to take any action.
The matter will next be taken up on 30-01-2023
Allahabad High Court took suo motu cognizance of a major fire incident at a hotel in Lucknow; observes that thousands of establishments are allowed to flout the building and fire safety rules by the relevant authorities
[Dr. Surendra Kumar v. State of UP, 2023 SCC OnLine All 18, decided on 10.01.2023]
Advocates who appeared in this case :
For Petitioners: Advocate Dharmendra Gupta
For Respondents: Additional Advocate General R.K. Singh
Additional Chief Standing Counsel Pankaj Khare
Standing Counsel V.P. Nag,
Advocate Ashok Kumar Verma
Advocate Shobhit Mohan Shukla
*Apoorva Goel, Editorial Assistant has reported this brief.