On Monday Allahabad High Court pulled up Varanasi authorities, after it was informed that local government had failed in its duties related to public health, sanitation conservancy and solid waste management.
The Division Bench comprising of Chief Justice Govind Mathur and Justice Siddhartha Varma said that, As per Article 243W of the Constitution of India, 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.
As per court direction, Varanasi Municipal Corporation to file affidavit before the court giving out complete reasons related to the schemes available with it and their execution thereof.
Further the bench has also called for personal appearance of Commissioner, Municipal Corporation, Varanasi with all details related to issues referred above. The matter is listed for hearing on 23rd November 2020.
The court has particularly sorted the execution scheme with respect to entries in 12th Schedule as follow:
Entry 6- Public health, Sanitation conservancy and Solid waste management
Entry 8- Urban forestry, Protection of environment, Promotion of ecological aspects
Entry 10- Slum improvement and Up-gradation
Entry 12- Provision of urban amenities and facilities such as parks, gardens, playgrounds
Entry 15- Cattle ponds and prevention of cruelty towards animals
The 12th Schedule corresponds to Article 243W of the Indian Constitution which contains powers, authorities, and responsibilities of local self-government, i.e. Municipalities. This Schedule contains 18 items relating to which municipalities are required to perform and are also required to execute certain schemes
The Municipal Corporation Act, 1959 also incorporates matters referred to under the 12th Schedule.
