Bhaskar Deb vs State Of Tripura And Ors

Akil Kuresh, CJ

This petition has been filed by an individual complaining that in the Children's Park in the centre of the city of Agartala, the Agartala Municipal Corporation(AMC) has parked number of garbage collection and disposal vehicles. The AMC has filed an affidavit dated 30th September, 2019 in which it is stated that AMC provides daily waste collection and disposal service for which vehicles are maintained by the Corporation. Since sufficient space for parking all such vehicles is not available at Ramnagar road workshop and Barjala garage complex, for a short period till substitute arrangement is made only swiping and water carrier vehicles are kept in extreme corner of the Children's Park which open space is even otherwise lying vacant. It is further stated that these vehicles are used typically at night and are slow-moving vehicles and, therefore, it is not possible to move them at a far distance. It is further stated that the water carrier tankers are needed at a close range to supply water to the citizens in emergency. Further, the machines for swiping the roads do not emit foul smell. It is also stated that seized items like sand, stone chips, bricks etc which have to be returned after imposing penalty are kept in the Children's Park temporarily.

We are not satisfied with the way in which the AMC is treating its Children's Park. As it is like in any other urban area, so also in Agartala, open spaces in the city centre are very few. Such open spaces are needed in any urban agglomeration which act like lungs of the city. Such open spaces when converted into children's park become all the more important since open playground for young children is extremely important for their physical and mental wellbeing and growth. As a Municipal Corporation, it is primary duty of AMC to create, develop and maintain such children's parks. When the Corporation itself undermines this purpose, the same would be nothing but abdicating its statutory functions.

Learned counsel for the Corporation submitted that except for tankers for providing water and vehicles used for cleaning of drainage are parked in the said Children's Park. In the affidavit-in-reply, they have stated that this is a temporary measure. Such affidavit was filed on 1st October, 2019 and four months thereafter there is no improvement on the ground.

The petitioner contends that the AMC is also parking its garbage collection vehicles.

List on 11th February, 2020 on which date AMC shall file further affidavit giving following details:

(i) the number and nature of vehicles being parked at the said site presently

and

(ii) the time within which such temporary arrangement shall be discontinued.

The petitioner may also visit the site, in the meantime and file an affidavit as to according to him, how many such vehicles and of what category are being parked at the said site.