‘Municipalities are supposed to perform functions & implement schemes as may be entrusted to them’: Allahabad HC pulls up Varanasi Authorities.

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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.

Sakshi Patil
“An Investment in Knowledge pays the best interest”. I Ms. Sakshi Patil currently pursuing Bachelors of Law (LLB) from Pune University ,and I believe that Knowledge is a commodity to share and it should be not remain the monopoly of selected few. Studying Law helps me understand how society is govern and how law acts as medicine to heal the society. Keeping positive and open minded approach in every aspect of life is the aim and I hope to learn with every opportunity and can help to those in need and create awareness among people about law and its importance. As quoted by Henry Ward Beecher, ”A Law is valuable not because it is a law ,but because there is right in it.”