The Allahabad High Court has questioned the rationale behind constructing a clock tower in a congested market in Firozabad, observing that such structures have lost much of their practical relevance at a time when people can readily access the time through wristwatches and mobile phones.
A division bench of Justice J.J. Munir and Justice Indrajeet Shukla has restrained the authorities from proceeding with the proposed construction at Purani Mandi, Sadar Bazar, until the next hearing on September 30. The court also sought an explanation from the concerned authorities for pursuing the project.
The order came on a petition filed by local trader Gaurav Goyal, who runs a shop opposite the proposed construction site and claimed that the clock tower would adversely affect his business.
Court Questions Contemporary Relevance Of Clock Tower
The bench acknowledged that clock towers served an important purpose when they were originally built and were useful to earlier generations. It, however, questioned the justification for relying on what it described as antiquated technology in present circumstances.
The court observed that virtually everyone now has access to a wristwatch or a mobile phone capable of displaying even international time. It said constructing a clock tower might have made some sense if adequate space were available and the structure were intended merely as decorative or monumental architecture.
The bench described proceeding with antiquated technology in the present day as irrational rather than a policy decision and said such an approach could amount to arbitrariness.
Land Was Donated For Clock Tower In 1970
During the hearing, the Firozabad Municipal Corporation informed the court that the land had specifically been donated for construction of a clock tower.
The bench noted that Ramswaroop Govind Ram Goyal had donated the land for this purpose in 1970. Referring to the gap of about 55 years, the court remarked that the municipal corporation had now decided to implement the donor’s wishes after remaining inactive for decades.
The court also took note of the present conditions surrounding the site. The donated land is now situated in a busy market where, according to the order, there is no parking space. The petitioner has also claimed that construction opposite his shop would damage his business.
Land Can Be Used For Contemporary Public Purpose: Court
While questioning the clock tower project, the bench clarified that it was not suggesting that the donated land should remain unused for public purposes.
Referring by analogy to the doctrine of cy-près under the law of trusts, the court observed that the property could be put to another contemporary public use considered appropriate by the Firozabad Municipal Corporation.
At the same time, the bench made clear that it did not intend to dictate what particular public purpose the civic body should choose, noting that such a decision falls within the policy domain of the authorities.
Authorities Asked To Respond Within Two Weeks
According to the petitioner’s counsel, Vijay Bahadur Vishwakarma, notices have been issued to the Principal Secretary of the Urban Development Department, the Firozabad Municipal Corporation and Municipal Commissioner, the District Magistrate of Firozabad, the Director of Local Bodies, Uttar Pradesh, and a private firm.
The respondents have been directed to file their counter affidavits within two weeks, explaining and justifying the proposed establishment of the clock tower.
The High Court has listed the matter for further hearing on September 30 and directed that construction of the clock tower should not proceed in the meantime.
