PIL filed to remove encroachments on a drain and clean it. Court noted respondents had issued notices and filed eviction cases. Without further pending grievance, PIL was disposed of.
Direction for forthwith legal steps for removal of encroachments (if not taken) and periodic cleaning of the drain.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 1330 of 2010 Date of Decision: 23.02.2011
Kulmeet Singh and others
...Petitioner
Versus
State of Punjab and others
..Respondents.
CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Ramesh Sharma, Advocate, for the petitioners.
Mr. Anil Rathee, Addl. Advocate General, Haryana for respondents No.1 to 4.
Mr. Namit Kumar, Advocate, for respondent No.5.
RANJAN GOGOI, C.J.(Oral)
This PIL has been filed seeking directions to the respondents to remove encroachments which have been made over an area of the drain adjoining the Nagar Panchayat and to take steps to clean the said drain particularly during the rainy season.
Respondents No. 3 and 4 have filed an affidavit through the Sub Divisional Officer, Shahkot. Similarly, the respondent No. 5 i.e. Nagar Panchayat, Lohian Khas has filed a written statement through its Executive Officer. The stand taken in the aforesaid affidavits/written statements is that 68 number of encroachments have been identified and notices under Section 172 of the Punjab Municipal Act, 1911 have been issued to the encroachers. According to the respondents, as the encroachers are still continuing with the illegal encroachments, steps have been taken to file the necessary
CWP No. 1330 of 2010 [2]
cases under the Punjab Public Premises and Land (Eviction of unauthorized Occupants) Act, 1971 against the encroachers. In so far as cleaning of the drain is concerned, in para No. 9 of the written statement of the Nagar Panchayat, it has been stated that the work of cleaning had been allotted on 04.11.2010 pursuant to a tender notice issued and the same was to be completed within 30 days which period is already over.
The above facts, evident from the written statement filed by the respondents, would clearly indicate that steps have been taken to redress the grievances raised in the present Public Interest Litigation. Consequently, there will be no justification for keeping this PIL pending any longer. The same, therefore, is disposed of by directing that necessary legal steps for removal of the encroachments, if the same have not already been taken, be taken forthwith and brought to an early conclusion. In so far as cleaning of the drain is concerned, the Nagar Panchayat will ensure that timely steps in this regard which will be taken at periodic intervals and whenever such cleaning is required to be undertaken. PIL stands disposed of in the above terms.
A copy of the order be given dasti to Mr. Namit Kumar, learned counsel for the respondent No.5 under the signatures of the Bench Secretary.
(RANJAN GOGOI) CHIEF JUSTICE
(AUGUSTINE GEORGE MASIH) JUDGE
23.02.2011 'ravinder'
Kulmeet Singh and others
State of Punjab
RANJAN GOGOI
AUGUSTINE GEORGE MASIH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
