Punjab-Haryana High Court
Bihari Lal And Ors vs Ut Of Chandigarh And Ors on 24 December, 2014
Author: Hemant Gupta
Bench: Hemant Gupta
CWP No.26928 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.26928 of 2014
Date of decision:24.12.2014
Bihari Lal and others ....Petitioners
VERSUS
U.T. Chandigarh and others .....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE HARI PAL VERMA
Present: Mr. Rajiv Kataria, Advocate for the petitioners.
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HEMANT GUPTA, J.(Oral)
The petitioners claim to be residents of village Dhanas who have been allotted dwelling units by Chandigarh Administration under the Chandigarh Milk Colony Allotment of Site Rules, 1975.
The claim of the petitioners is that even though the plots have been allotted but ancillary service like dumping of cow-dung was not provided. Reference was made to an order passed by Division Bench of this Court in an earlier writ petition filed by some of the writ petitioners bearing CWP No.3270 of 2001 titled Anil Sharma v. Union Territory, Chandigarh wherein a direction was issued to the Administration to allot fresh cow-dung pits (if not already allotted) within one month.
Subsequently, a writ petition bearing CWP No.25566 of 2013 titled Jatinder Pal Singh and others v. Union Territory, Chandigarh and others, was filed before this Court challenging the decision of the Administration for permitting the ground floor for residential purposes. The said writ petition was disposed of on GULATI DIWAKER 2015.01.05 15:45 I attest to the accuracy and authenticity of this document CWP No.26928 of 2014 2 21.11.2013 with a direction to verify as to how many plots have been converted as per the original terms of allotment. If the user is as per the original terms of allotment, proportionate grazing area and dung- pits should be made available as a measure both for the benefit of the animals as also to keep the area neat and clean and that the original allottees, who are adhering to the norms of the allotment, should not be prejudiced to this extent. It is in pursuance of such direction a common plot measuring 1500 square yards has been allotted for disposal of cow-dung.
Learned counsel for the petitioners admits that most of the dwelling units in Dhanas Milk Colonies are not being used for tethering of animals. Even in the writ petition filed, there is no assertion that the petitioners are maintaining any cow for which they require a cow-dung pit.
Once a common facility has been created for disposal of the cow-dung, we do not find any other direction can be issued in the present writ petition.
Accordingly, the present writ petition is dismissed.
(HEMANT GUPTA)
JUDGE
DECEMBER 24, 2014 (HARI PAL VERMA)
'D. Gulati' JUDGE
GULATI DIWAKER
2015.01.05 15:45
I attest to the accuracy and
authenticity of this document