In a PIL, the petitioner sought to ban functions in Partap Bagh Park and direct its maintenance. The Court held that the Corporation decides on function permissions but must first hear the petitioner society representing local interests before granting such consent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 11677 of 2008
[1]
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 11677 of 2008 Date of Decision: 03.11.2008
Partap Bagh Welfare Society
..Petitioner
versus
State of Punjab and others
..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH
1.Whether Reporters of local papers may be allowed to see the judgment ?
Present : Mr. Munish Bhardwaj, Advocate for the petitioner
Ms. Madhu Dayal, Addl. A.G. Punjab for respondent No.1
Mr. A.P.S.Man, Advocate for respondent No. 2
Respondent No.4 in person
T.S.Thakur, C.J. (Oral)
In this petition filed in public interest, the petitioner seeks a mandamus directing respondents No.1 and 2 not to allow the use of Partap Bagh Park situate in the city of Jalandhar for holding any type of functions including Ram Lila etc. and further for a direction to the respondents to upkeep,maintain and to prevent any damage to the same.
We have heard learned counsel for the parties at some length
CWP No. 11677 of 2008
[2]
and perused the record.
It is not in dispute that Partap Bagh has been handed over by the Improvement Trust, Jalandhar, for being maintained by the Municipal Corporation, Jalandhar, which has in turn permitted the petitioner society which comprises residents of Partap Bagh area, to assist the Corporation to improve and maintain the same. According to learned counsel for the petitioner-society, the petitioner society is incurring expenditure on the maintenance, upkeep and improvement of the Park, although, the Corporation also claims to be spending funds for that purpose. Photographs enclosed with the writ petition show that the Park has come up as a green patch in a thickly populated area with lot of plants and flowers. The petitioner society's grievance now is that all the hardwork done by the society and the Corporation employees goes waste because the Corporation permits different social and political organisations to hold different functions in the Park. This destroys the flora and fauna of the place apart from damaging the Park which has been developed for use by the general public.
Mr. Khosla, respondent No.4 who appeared in person submits that Partap Bagh was being earlier used as an open ground by the children for playing and that other functions have been held in the said area for a number of years past. He argues that petitioner society does not comprise only residents of the area as alleged by them, but people who do not reside in the vicinity of the Park, have also joined hands to prevent any social or political functions taking place in the same. He submits that holding of such functions should not be totally forbidden as the Park is the only place, where such functions can be held.
CWP No. 11677 of 2008
[3]
We have given our careful consideration to the submissions made at the Bar. The question whether any functions, political, social or otherwise, ought to be permitted by the Municipal Corporation in the Partap Bagh, is a matter that must, in our opinion, be left to be determined by the Municipal Corporation only. All that can be said is that permission granted by the Commissioner, Municipal Corporation for holding such functions must be made a condition precedent for the use of Park for any such purpose. Since there are conflicting versions about the nature of the use and the possible damage to the Park, we consider it necessary to further direct that the Commissioner, Municipal Corporation, Jalandhar shall before granting any permission to any society or other organisation to hold any function in the Park, hear the representatives of the petitioner society also, which has evinced interest in the park and is maintaining and upkeeping the same, no matter with the help of the Corporation.
The writ petition is accordingly disposed off with the above observations leaving the parties to bear their own costs.
(T.S.THAKUR) CHIEF JUSTICE
(JASBIR SINGH) JUDGE
'ravinder'
03.11.2008
2 issues framed by the court
Whether the High Court should direct the Municipal Corporation to prohibit all functions in Partap Bagh Park.
Whether the petitioner society must be heard before the Corporation permits functions in the Park.
Partap Bagh Welfare Society
State of Punjab
Municipal Corporation Jalandhar
T.S. Thakur
Jasbir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
