Disposed

Sunil Kumar Jakhar v. State of Punjab and Ors.

Punjab & Haryana HC12 Feb 2014CWP/2606/2014

Case brief

AI extract

What is this about?

The Court directed respondents to issue a speaking order within one month addressing the petitioner's representations regarding the non-provision of functional fire tenders to the Municipal Council, Abohar, and the utilization of Central Disaster Response Funds.

What did the court decide?

Direction to respondents to issue a speaking order within one month addressing the petitioner's representation and the utilization of disaster response funds.

Sunil Kumar Jakhar Vs State of Punjab… — Municipal and Town Planning | Punjab & Haryana HC (2014)

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I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH

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Civil Writ Petition No.2606 of 2014 (O&M)

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DATE OF DECI SI ON: 12.02.2014

Sunil Kum ar Jakhar

…..Petitioner

versus

State of Punjab and others

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.....Respondents

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CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI

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Present: Mr. SPS Tinna, Advocate for the petitioner

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SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)

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The petitioner, who happens to be the leader of the opposition in the Legislative Assem bly, seeks directions from this court against the State of Punjab on account of alleged failure to provide firetender vehicles and other fire related equipments to the concerned wing of the Municipal Council, Abohar, District Fazilka, along with requisite support staff. The petitioner is also the elected representative to the Assem bly from the area and states that as per a standing order, for a population of fifty-thousand, one fire-tender is sanctioned and, thus, for Abohar, the norms would require three tenders to be allocated. The ground-reality is that there are stated to be only two fire-tenders and that too of vintage 1984 in non-functional condition.

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The petitioner states that the Municipal Council has addressed comm unication to the Director, Local Governm ent, Punjab on 11.12.2012 and 5.2.2013 for providing funds to purchase the vehicles, but the only response has been that as and when the funds will be available, the fire- tenders will be purchased. The petitioner claims that funds are provided by the central grant under the State Disaster

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Chand Parkash 2014.02.12 16:07 I attest to the accuracy and integrity of this document

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CW P- 2606 - 2014

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- 2 –

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Response Fund which is to be utilized in the event of fire and other emergencies. The 1984 vehicles have been stated by the Municipal Council to be non-functional and it is, thus, submitted that it is not only when the disaster occurs that the administration should wake up, but the pre-requisites to ensure that disaster managem ent must be in place.

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The petitioner has also made a representation dated 12.11.2013 to respondents No.1 to 6 but claims that neither any response has been received nor any action taken.

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In view of the aforesaid averments, we call upon the concerned respondents to deal with the representation of the petitioner by a speaking order within a maximum period of one month from today. The contents of what is stated in the petition be also taken into account. The respondents would specifically deal with the issue of the funds stated to be provided by the Central Government as also its utilization specifically keeping in mind the undisputed requirement of the firetenders which is sought to be postponed on the ground of paucity of funds. Needless to say that if the representation is found in order, the further action be taken in pursuance to the same.

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The petition accordingly stands disposed of.

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A com plete set of the petition be supplied to Mr. Hari Pal Verma, DAG, Punjab, who is present in Court.

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Copy of order be given dasti under signatures of Bench Secretary to learned counsel for the parties.

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( SANJAY KI SHAN KAUL ) CHI EF JUSTI CE

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12.02.2014 ( ARUN PALLI ) parkash* JUDGE

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Chand Parkash 2014.02.12 16:07 I attest to the accuracy and integrity of this document

Sunil Kumar Jakhar v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Sunil Kumar Jakhar v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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